Published: 29th November 2024
Area: Employment
No matter how much you plan ahead for the holiday season, it can still become a juggling act when managing employee absences during peak periods 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.
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, or by providing the option to work either Christmas or New Year.
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 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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Ellen is a Trainee Solicitor in the Employment team, assisting with a range of contentious and non-contentious matters.
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