Christmas for employers and employees

Stacey Cox Stacey Cox 16 December 2022

With planned closures, holiday requests, Christmas parties, issues surrounding different religions and Christmas gifts and bonuses to deal with, organisations need to make sure they are ready for the festive season.

Stacey Cox, head of employment at Wake Smith Solicitors, looks at five HR issues that often arise at Christmas time for employers.

Planned closures and employee holidays
If your company is shutting down for a few days over the festive season, hopefully your contracts provide for your staff to save holiday days for this, and you have made the announcement in good time. That way you can enforce the provisions that require staff to take these days as holidays. 

The last working day before any Christmas closure, which is often Christmas Eve can cause issues sometimes. Many firms close early, so be clear in advance with staff whether they need to book a whole or half day off, if they want it as a holiday. Early closing can be an added bonus for staff. Let them know early in the day what time they’ll be able to leave.

Dress codes
Many companies relax their dress policy at Christmas for a bit of fun allowing casual dress and Christmas jumpers. Ensure any instructions are clear so that casual and Christmas dress is optional and be sensitive to employees who do not celebrate Christmas. It is always advisable, to give staff a gentle reminder not to wear any clothing that could be considered to be offensive. 

Some firms allow casual dress to be worn by staff on the days between Christmas and New Year. Flag up what dress code is required ahead of time, so that staff know what is expected.

Christmas gifts
Grateful suppliers and customers often reward employees with gifts. We all enjoy the odd bottle or box of chocolates, but your policies should comply with anti-corruption and bribery legislation, and make it clear what gifts can be accepted and what gifts must be formally reported to line management.  It is worth reminding staff of the policy.

If you don’t have a bribery policy then this should be implemented immediately and you should remind yourself of the legal guidelines on this. 

The Christmas Party
The Christmas party is a great chance for everyone to let their hair down and have fun with colleagues. However, issues can spring up for employers and employees. 

Dismissals and disciplinaries can arise from incidents arising as a result of a Christmas Party or aftermath which commonly include sexual and racial harassment; misuse of property and theft; alcohol and drug use; bullying and aggression and unwanted and inappropriate social media activity.

Make sure everyone is clear about expected behaviour and how the normal standards of professional behaviour apply, and anyone who does not maintain professional behaviour may be dealt with formally.

As an employer, you have vicarious liability for your employees’ behaviour, even if the behaviour takes place during a Christmas Party.

Adverse weather
Everyone dreams of a white Christmas, perhaps we’ll see one this year in Sheffield, but at some point during winter, your employees will encounter issues, either weather or transport related, when getting to or home from work. 

A clear policy regarding adverse weather arrangements is recommended, so staff know expectations about working from home, staff holidays and unpaid leave.

Our employment team can help with the drafting or implementing of any of the above policies.

Wake Smith’s opening hours during the Christmas and New Year period are:

Christmas Eve - closed
Christmas Day - closed
Boxing Day - closed
Tuesday December 27th – closed
Wednesday December 28th – closed
Thursday December 29th - closed
Friday December 30th – closed
New Years Day – closed
Monday January 2nd - closed
Tuesday January 3rd – open 8.30am-5.30pm

For further information on employment issues contact Stacey Cox at [email protected]

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