Christmas comes but once a year - and brings a whole set of employment issues with it. This post looks at some of the most common issues raised by the festive season and offers guidance to employers for making it through the most wonderful time of the year.
If I have paid employees a Christmas bonus in the past, must I do this every year?
Employees only have a legal right to a bonus where this is specified in their contract of employment. Often, whether an employee is entitled to a bonus depends on them meeting a number of criteria, such as reaching targets, increasing productivity or adhering to another form of performance standard.
However, it may be the case that it has become ‘custom and practice’ to pay a bonus. This means that if employees have had a bonus every year and this is well known, they may be able to argue that it forms part of their employment contract. In this circumstance, if you do not pay employees the bonus they have become accustomed to, refusal to pay a bonus may amount to an unlawful deduction of wages.
If you are concerned about this issue, please contact one of our specialist employment law team.
I suspect my employees are doing Christmas shopping online whilst at work, can I monitor their internet activity?
Data protection law dictates that if you intend to monitor your employees’ use of the internet, you must tell them. This includes the use of the email system. You must also tell employees the reason you are monitoring them. You may only use covert monitoring in limited circumstances and where it is absolutely necessary, for example, to investigate a crime.
It may be prudent to have a policy in place that allows staff an element of personal use of the web, within limits - this will minimise the need to monitor internet activity.
If you fail to inform employees about monitoring of their internet activity, they have the right to complain to the Information Commissioner, and you may be in breach of data protection rules.
However, this does not prevent you from disciplining employees who misuse their working time and email or internet facilities. If you have evidence to suggest that an employee is acting in a way that is contrary to internet policy or not meeting standards of working, you may still discipline them appropriately.
Guidance has been prepared by the Information Commissioner on preparing surveillance policies and consulting staff that can be found on the Information Commissioner’s Office website. If you would like bespoke guidance on putting policies and procedures in place, our team can help.
How can I ensure the office Christmas party is safe?
It is always easier to hold your workplace party at a hotel, restaurant or bar - these places are designed with having a good time in mind. However, if you do decide to host the office Christmas party in the workplace, there a few issues you should be aware of.
You must remember that as an employer, you are responsible for health and safety in the workplace - even after 5 pm. It can be useful to involve your health and safety officer or any first aiders in the planning of the party - they may be able to spot and mitigate any health and safety issues.
Whether the party is being held in your office or elsewhere, you should also bear in mind that if it is an “official” work event, then it will constitute a continuation of the workplace. This means that any acts of misconduct should be dealt with under the terms of your disciplinary policy. Equally, any acts which may amount to a form of discrimination also need to be properly and fully dealt with. You as employer can be held liable for acts of employees that occur at official work events (and some unofficial events too).
If alcohol is being served at the party, you should ensure that staff members are aware of this so they make other arrangements for getting home if they normally drive to work. It may be useful to send out an email detailing local taxi numbers and local accommodation.
You should also ensure that alternatives to alcohol are made available. This may be of importance where there are employees of faiths who do not drink alcohol. Generally, you should ensure that people of non-Christian faiths who may not celebrate Christmas are not discriminated against or forced to participate in events they do not wish to.
It is never a bad idea to email staff in advance of the Christmas party to remind them it is still a work environment and while you want everyone to have fun, certain standards of behavior will still apply.
If the heating is not working, do I have to send employees home?
This depends on the circumstances. In certain workplaces, extremely cold temperatures can cause a danger to employees. For example, those working in workshops may lose their grip on machines. While the risks are less evident in an office environment, cold temperatures could negatively impact productivity, causing loss of concentration or mistakes to be made.
There are health and safety requirements to protect employees from cold temperatures. If strenuous work is being carried out, the temperature must be above 13 degrees, in other places, the temperature must remain above 16 degrees. If the temperature falls below this in your workplace, as an employer you must take action, such as sending employees home or to another branch of the business.
The party season…
It is often the case that people tend to socialise more frequently at Christmas compared to the rest of the year, whether it’s the office Christmas party or catching up with friends. However, employers should try and avoid creating a culture where employees view December as being a month when regular rules don’t apply with regards to time keeping and attendance. If employees are having a few additional nights out, this does not permit them to be late for work the following day or not attend work at all. Enforcing the terms of your absence management policy is important to stop such a culture developing. If an employee has overdone things on a night out and this causes them to be late or absent, this should be dealt with under the terms of your disciplinary policy.
Get in Touch With our Employment Solicitors Today
If you’re having issues with employees and require the advice of our employment solicitors, contact us today. Our expert team can provide the advice you need, whether you’re looking to draft or review HR policies, or requiring advice and representation in respect of an employment law matter. Contact us today using our online contact form or call us now on 0141 530 6895.
