No matter how much you plan ahead for public holidays or peak periods, it can still become a juggling act when managing employee absences during these crucial times for your business. At a time where holiday requests are at their highest, keeping track of any non-genuine absence can make things more difficult for employers.
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. Read more >
What can be done regarding non-genuine absences?
Carry out return-to-work interviews to investigate the situation and verify the legitimacy of time off. To avoid non-genuine absences, offer employees flexibility where possible, such as shift swaps or remote work.
Apply absence policies fairly and uniformly to avoid potential claims under the Equality Act 2010. Finally, review post-holiday absence patterns to refine policies, ensuring they continue to meet the needs of your business and remain both fair and legally compliant.
How can employee absences be balanced with business operational needs?
Balancing absences with business demands during the holidays requires early planning and flexibility. Start by identifying critical periods and communicating these to employees early on so that holiday requests can be staggered. Where possible, cross-train team members so that essential duties are covered by multiple people or consider hiring temporary staff for additional support.
What should employers do if an employee calls in sick on peak holiday days?
Follow your absence management policy fairly and consistently. This may include requesting documentation like a fit note, or conducting return-to-work interviews or health assessments which can be useful to support employees’ health and wellbeing, as well as ensuring time off was necessary.
Can employers implement a “no holiday” policy during the busiest times of the year?
Yes, some businesses implement blackout periods, especially in retail or service sectors. However, this should ideally be included in your holiday policy and communicated to employees well in advance. Consider offering alternative time off, such as encouraging employees to take holiday before or after peak times to avoid burnout.
By planning early, promoting flexibility, and applying absence policies fairly, employers can meet both operational needs and employee expectations. If you require any further assistance with reviewing your policies, then please do not hesitate to reach out to a member of our team today.
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 festive season presents an influx of customers and spending and with it comes the requirement for additional support through seasonal workers.
While seasonal workers are not permanent employees, they possess many of the same rights and businesses must ensure they are met to comply with The Employment Rights Act 1996, The Equality Act 2010 and Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 as well as providing with a contract of employment and itemised pay slips.
Day 2
Holiday pay clarity for the festive season.
The festive season often raises questions for employers regarding holiday pay entitlements. Under the Working Time Regulations 1998, employees in the UK are entitled to a minimum of 5.6 weeks of paid holiday per year. This statutory entitlement may include bank holidays, such as Christmas, depending on the terms set out in the employment contract.
Day 3
Employer gift giving
During high stress and peak periods in the workplace, employers may wish to find ways to show their appreciation for their employees’ hard work.
However, firm-wide or company bonuses are usually contractual and tend to be paid out once specific targets are hit. This means an employer has less flexibility around how much or who is entitled to one. Employees’ entitlement to a contractual bonus should be recorded in their written statement of employment particulars and the criteria for the employee to obtain a contractual bonus should be clearly explained and set out.
Day 4
Managing employee absence over the holidays
No matter how much you plan ahead for public holidays or peak periods, it can still become a juggling act when managing employee absences during these crucial times for your business. At a time where holiday requests are at their highest, keeping track of any non-genuine absence can make things more difficult for employers.
Day 5
Holiday rota greivances
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, how can you ensure it is handled with care?
Day 6
Employee wellbeing
Employees can face periods of low morale and mental fatigue at various points throughout the year. These challenges may arise from work pressures, personal responsibilities, or changes in routine and expectations. Employers have a crucial role in supporting their employees during such times – ensuring that staff feel valued, understood, and equipped to manage the emotional and mental strains that may occur throughout the working year.
Day 7
Employee inclusivity
The holiday season can be a vibrant and enjoyable time in the workplace. However, as we celebrate, it’s essential to consider how the festive period can impact employees from different religious and cultural backgrounds. A workplace that aims to be inclusive needs to respect and honor these differences, ensuring that everyone feels welcome and valued throughout the year, including any specific holidays.
Day 8
Office party guidance
Work socials can be an excellent time for workplaces to relax and employees to have fun. It gives an opportunity for a company’s culture to blossom and teams to bond.
However, with social events like office parties, the blurring of personal and professional can present some unique HR problems that frequently occur at these relaxed events.

