The festive season may present challenges for many working parents with children being on school holidays, the school carol concerts and nativities during the working day, the cost of childcare, or the challenges of juggling co-parenting arrangements, which is where flexible working can be a useful tool in ensuring employees can still produce the required output in a way that suits their needs.
Employment Law Christmas Round Up
During the festive season at work spirits are heightened, Christmas jumpers are out in full force and tubs of celebrations and quality street litter the counterspace. While it is a joyous and fun occasion for those who celebrate, there are still a number of things employers should be wary of to ensure a smooth sailing festive season.
Since 6 April 2024, the Flexible Working (Amendment) Regulations 2023 provides employees with the right to request flexible working arrangements from day one of employment. The flexible arrangements covered include working patterns or hours, part-time, flexi-time, term-time, compressed hours, adjustments to start and finish times as well as working from home arrangements and if approved would amount to a permanent change to the terms and conditions of employment.
How to handle flexible working requests around the holidays
Employers have a legal obligation to consider flexible working requests promptly, typically within a three-month timeframe as stipulated by the Flexible Working (Amendment) Regulations 2023.
When evaluating these requests, it’s essential to assess them based on business needs, operational feasibility, and the potential impact on team dynamics and productivity. Employers must also provide a written response detailing the reasons for accepting or rejecting a request, ensuring that decisions align with the legal criteria outlined in the regulations, such as the necessity to maintain service delivery and avoid undue disruption.
Flexible working policies
It can be helpful for employers to have a flexible working policy which clearly sets out its expectations about the types of alternative arrangements that can be accommodated and the responsibilities of employees and employers in making requests. It can also be a good place to set out expectations of hybrid working arrangements if this is something your business offers.
Many employers face challenges during the festive period when employees all want to have the same time off, leading to staffing problems. Having a flexible working policy can alleviate this pressure because, instead of having all of employees booking the same time off, some employees may be able to work from home or remotely (while at a relative’s home, for example) which will ensure that the business continues to thrive until the new year.
If you need advice on implementing flexible working policies into your business, then do not hesitate to contact a member of our team today who will gladly assist you.
Written By
This Christmas we are covering a multitude of topics to help you navigate the holidays with ease.
While the holiday season brings festive cheer and a chance to celebrate, it also comes with a unique set of challenges for employers. By addressing key issues such as managing seasonal workers’ rights, holiday pay entitlements, flexible working arrangements, and employee wellbeing, employers can navigate the festive period with ease and compliance. Offering support through clear communication, fair policies, and inclusivity ensures a positive and productive holiday season for both employees and employers alike. By remaining proactive and understanding, businesses can create a workplace culture that is festive, fair, and respectful of the diverse needs of their workforce.
Day 1
Seasonal workers rights
For a large majority of businesses, particularly those in retail, the holiday season may mean acquiring additional support through seasonal workers. We explore the rights seasonal workers have and address other key questions on the topic.
Day 2
Flexible working rights
Flexible working, especially during Christmas, can help balance business demands with personal challenges. We explore strategies for managing flexible working requests and policies.
Day 3
Christmas holiday pay
Flexible working, especially during Christmas, can help balance business demands with personal challenges. We explore strategies for managing flexible working requests and policies.
Day 4
Christmas bonuses and employer gift giving
At this time of year, Christmas bonuses are a key topic of conversation within employment. We explore the types of bonuses and tax implications for your business to consider.
Day 5
Managing employee absence over the holidays
Managing employee absences, particularly over the holidays, can make things difficult. We discuss what can be done regarding non-genuine absences and how to balance this with business needs.
Day 6
Handling grievances over holiday rotas
To avoid grievances over holiday rotas, employers should set clear expectations with staff surrounding holiday cover, time off around the holidays and any additional over-time needed to support the business. However, if a grievance does arise, we set out the steps to consider to ensure it is handled with care.
Day 7
Supporting wellbeing during the holidays
Supporting employee wellbeing during the holiday season is crucial, as this time can bring increased stress, especially for working parents juggling childcare and work responsibilities. We highlight the ways employers can effectively support their employees to foster a positive and productive workplace culture.
Day 8
Creating an inclusive workplace culture during the holiday season
We explore ways to maintain an inclusive culture at Christmas, focusing on respecting diverse religious beliefs and promoting a supportive and cohesive workplace environment.
Day 9
Can you take the day off when it’s too cold?
While the buzz around Christmas heightens, there is no denying that the winter months can make getting to work difficult for those who need to travel. We share the key considerations for employers during this time.
Day 10
Remote working security to protect your business over the holidays
Over the holiday season, many businesses see an increase in remote work. With employees logging in from various locations and devices, we share the key steps to protect your business’s security during this season.
Day 11
Travelling over the holiday season
Over the holiday season employees are increasingly eager to spend time with loved ones and often travel to make the most of the festive break. We share how employers can balance this with the business needs effectively to help the business run smoothly and enhance employee morale.
Day 12
Office Christmas party guidance
The Christmas period can be an excellent time for workplaces to relax and employees to have fun. However, with social events like office parties, the blurring of personal and professional can present some unique HR problems. We provide guidance to help ensure your office to get together runs smoothy.
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Emma is a Solicitor within the firm’s Education team specialising in employment advice for education clients including independent schools and academies, as well as both further and higher education institutes
Emma has considerable experience working in the schools and education sector with both independent school clients as well as state funded academies and maintained schools advising on such issues as Teachers’ Pension Scheme consultations, SENDIST claims, contracts of employment and school policies.
Emma thrives on the rapidly changing landscape affecting the education sector and takes great satisfaction in supporting education clients to reach their desired outcome. As a Safeguarding Governor for a local academy, Emma is able to understand the needs of education clients, and has unique insight to the way in which school clients specifically operate and into the issues that they face.
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