The Christmas period can pose tricky issues to even the most seasoned of managers. Here we cover the key areas that employers might be faced with:
Managing the Christmas Party
Do our policies apply outside of work?
Yes, your company policies extend to cover work related events. The most relevant policies that apply in these circumstances include: Social Media, Dignity at Work, Harassment and Bullying, Disciplinary and Grievance policies.
How can I prevent issues occurring?
- Before a Company run or sponsored event, remind staff that they should abide by company policies – even when they are not on Company premises
- Ask managers to be vigilant at the event to ensure good conduct and behaviour is being observed
Consider how you provide alcohol as an employer at a company event – there are options that can be helpful such as using a drinks voucher system instead of a free bar.
What do we do if we receive a complaint?
Complaints should be dealt with in the normal manner through your grievance, disciplinary or other procedures. Dealing with any issues as quickly as possible should also help minimise potential issues.
Managing Public Holidays
Which employees are entitled to a public holiday?
An employee’s entitlement is dependent on the nature of their contact;
- All full time employees are entitled to the public holiday regardless of length of service
- Part time/casual employees are only entitled where they have worked at least 40 hours in the five weeks ending on the day before the public holiday.
What payments are employees entitled to for a public holiday?
Employees who qualify for public holiday benefit will be entitled to one of the following:
- A paid day off on the public holiday
- An additional day of annual leave
- An additional day’s pay
- A paid day off within a month of the public holiday
It is at the employer’s discretion to decide which benefit will apply.
How do I calculate public holiday pay?
- Employees who work the public holiday or who are normally rostered to work on the day the public holiday falls, then they are entitled to the equivalent pay as the last working day before the public holiday falls.
- Employees who are not normally required to work on the day the Public holiday falls are entitled to one fifth of their weekly rate of pay.
Payment for a Public Holiday is regular payment including regular shift allowances, but not variable pay such as overtime.
Are employees entitled to payment for a public holiday if they are leaving employment?
If an employee has worked the week ending prior to the public holiday AND they have worked for the employer for 4 continuous weeks, then they are entitled to payment for that public holiday even though their employment has finished.
If the public holiday falls on a weekend what do we do?
If a Public holiday falls on a weekend it does not automatically move to the following Monday as a lot of people might assume (or Tuesday in the case of Christmas this year). Employers have a number of options:
- Move the public holiday to the following Monday: The most common approach is to move the public holiday to the next working day and give employees that day off.
- Recognise the public holiday on the day it falls: If an organisation normally works on a public holiday, the organisation can provide the following to the employee for working that day: A paid day off within a month of the public holiday, OR a day’s pay in lieu, OR an additional day’s pay.
Employers must give employees at least 14 days’ notice of how they will operate and which benefit will apply to them.
Time Off During Adverse Weather
If an employee cannot come to work due to bad weather, do I have to pay them?
If the organisation is open for work and the employee cannot attend, then they are not entitled to payment for that day. You can give employees the option to take a holiday day as an alternative to unpaid leave, although you cannot force them to take a holiday. Having an ‘Exceptional lave policy’ in place is good practice to cover you in the event of these occurrences.
Employers can also look at alternatives for the employee, if appropriate:
- Can they work from home?
- Can they perform their duties on an alternative day?
If our place of work is closed due to bad weather, do I have to pay employee?
Yes, if the employee is available for work then they are entitled to pay for this day, even if the premises are unable to open.
If you are unsure about what arrangements to put in place in your own business, get in touch today with our team of HR experts.
Laura Banfield, HR Consultant