Festive stresses? Be aware!

Bulging midriffs, nausea, paranoia, blurred vision …. all standard stuff for myhrdept staff at this time of year, but are you aware of the warning signs in your own business?! This article covers office parties, working hours and holidays.

Ok, but all joking aside, the festive season comes with a range of employment issues we should at least be aware of. Here are some of the most common questions (and answers). Use the contact us facility at the bottom (of the screen) if we haven’t covered your particular question.

OFFICE PARTIES.

Are there any issues we should be aware of in providing alcohol for our staff at the office party?

Erm, they might get drunk! That aside, best to restrict office parties to licensed premises to avoid licensing issues or indeed potential insurance issues. Remember to provide non-alcoholic drinks for non drinkers & if you are laying on food, take account of the diversity and dietary requirements of your staff. We don’t want to be too ‘bah humbug’ here, but a failure to do so could prove discriminatory.

Any tips for holding the office party in the office?

Apart from the insurance issues already mentioned be aware of drink driving issues (provide transport where possible) & H&S issues that might not be as prevalent in ordinary circumstances. For some reason, photocopier callouts are higher at this time of year too….

Bad behaviour at the office party?

Should normally be dealt with as per any other misdemeanour at work, whether or not the party is in work time or in work premises. This is worth pointing out to staff prior to the party. Ensure at least one senior person remains is ‘in control’ to deal informally with any potential issues before they arise.

WORKING HOURS

Excessive hours (e.g. in the licensed industry)?

The Working Time regulations limit working hours to 48 on average (unless the employee has signed a waiver form). The average is generally taken over a 17 week period, and excludes breaks away from the ‘work station’. Staff should get a minimum 20 minute break for each 6 hours worked (more for certain workers e.g. the young) and whilst this can be postponed during unpredictable spikes in activity, it cannot be routinely ignored.

HOLIDAYS

Can I insist staff take holidays/do not take holidays at this time of year?

Your contracts of employment may refer to specific terms regarding the refusal or requirement to take holidays and you should always refer to that first. Generally and without specific terms that override this, an employee should give double the amount of notice for the amount of holiday they want. So 2 days holiday requires 4 days notice. An employer may refuse if, on operational grounds, the holiday would be problematic. To do so he must give at least the equivalent notice of the holiday he is refusing, so in the example given, he must give 2 days notice of refusal.

Where the employer requires an employee to take holiday, he should give at least twice as much notice as the amount of leave he intends the employee to take, so requiring an employee to take a week off over Christmas and new year would require 2 weeks notice from the employer prior to the commencement of the leave.

Employment law graces employers with a controlling right over holidays, but this right should not be abused. To unreasonably exercise the right could be construed as a breach or trust and confidence.