An Employer's Christmas Survival Guide

1. Written notice of holiday

If an employer does not specify in writing that they are allocating a period as holiday, it will not be part of the minimum holiday entitlement prescribed in the Working Time Regulations (extended on 1st October 2007).

A memo should be sent, making it clear:

• What part of the holiday is to be paid

• Whether any part of the holiday forms part of annual entitlement

• That if people intend to over indulge at any Christmas function, recovery time should be pre-booked as holiday!

2. Make sure that your equal opportunities policy is up to date and has been brought to the attention of all employees

An employer may be liable for an act of sexual harassment by an employee, which takes place at the office Christmas party. Employers may also be liable for offensive Christmas cards. Consider sending a memo to employees, specifying that Christmas cracker jokes are fine but that ageist, homophobic or sexist jibes will not be tolerated. Jokes about people’s religion, disability or sexual orientation may also prompt action against the employer, but this can be avoided by training and adequate policies.

3. Order soft drinks for the Christmas party

Not a year goes by without an employer calling, to ask what to do with an employee who has turned up drunk for work, has drunk alcohol at work or has gone sick, due to a hangover. A Christmas party without alcohol may defeat the object of allowing employees to have a good time but sensible drinking is the key.

A recent survey of 4,500 workers (carried out for Travelodge) found that they expected to spend an average of two hours and 18 minutes "staring into space", because of a raging hangover.
Employers will be responsible for any under age drinkers, present at the party.

4. Get the telephone numbers of local taxi firms and give them to employees at the Christmas party
If an employee leaves a Christmas party having drunk too much and the employer knows that he or she intends to drive, it may be responsible for the consequences. An employer has a duty of care to its employees.

5. Review internet policy

• Make it clear whether internet shopping is allowed, whilst at work.

• Make it clear that work party photographs are taken at a private function; consider telling employees that they may be disciplined if they publish them on the internet.


6. Tell employees what will happen if they are absent, following attendance at a Christmas party

The Travelodge survey found that 30% of adults had called in sick because of a hangover. Employers will only be safe in dismissing such employees if it is made clear what the treatment of such behaviour will be and if they follow statutory disciplinary procedures.

7. Alcohol and drugs policies should be communicated and updated

An employer was recently found to have unfairly dismissed an employee who attended work drunk on two occasions, because they failed to show to the employee their alcohol policy, which allowed for disciplinary proceedings to be suspended pending treatment of the employee for alcohol addiction.

Consider adopting such a policy and make sure it is confirmed to employees.

8. Do have a happy Christmas!

Research by psychologists has shown that an ‘easy-going' management style may reduce levels of work-related stress and sickness absence (Study by psychologists from Goldsmiths College in London and City University.