December 09, 2010
The best approach is to think about the issues which may arise over winter, and to circulate information in advance to employees.
Businesses are responsible for the warmth and safety of their employees whilst they are at work and should be aware of their obligations under health and safety law in cold conditions. Customers’ safety should also be considered.
Christmas parties should be a time for employees to let their hair down, but not too much. It is a good idea to send around an e mail before the staff party to remind everyone of the standard of conduct which will be expected. Businesses will be potentially liable for any discrimination which arises at, or on the way to, the staff party. This will extend to its own employees, workers and also for any clients or customers who may be invited to attend.
Particular issues arise where staff cannot make it to work. Each case should be dealt with individually, but here are some guidelines:
- Staff who cannot attend because of school closures will be entitled to unpaid time off to deal with dependents while alternative child care arrangements are made. Employers should be consistent in their approach between staff with children and those without, to avoid potential liabilities
- If the company has to close, staff should be paid;
- If the employee cannot reach work because of travel disruption, should they be paid? Employers argue that if an employee has not attended work, they should not be paid on the basis of “no work, no pay”. However, there is a view, as yet untested in the Courts, that failure to pay in such circumstances could be an unlawful deduction of wages. Companies should be aware of the impact on morale and have a clear and consistent policy;
- Companies cannot insist that employees take missed days as holiday leave. However employees can be invited to do so;
- Unreasonable request to travel to work could give rise to liability on the part of an employer.
For further information please contact Carol Shaw, Partner of Spratt Endicott Solicitors on 01295 204000
