Quite rightly viewed as a time for celebration by employees, when not managed properly the Christmas period can prove to be difficult for employers. With issues such as bonuses, bad weather, sickness and the much-feted Christmas party to contend with, employers can find themselves in trouble if adequate precautions are not taken. So, what should employers do to ensure that they navigate the festive period unscathed? 

Bonuses
The question of Christmas bonuses can be a tricky one for employers and must be handled sensitively. Uncertainty can often surround the status of these bonuses when they are regarded as being discretionary by the employer. Regardless of any previously defined preconditions, employees may often have a reasonable expectation that a bonus will always be paid. In order to confirm the status of these bonuses as discretionary, there are specific actions employers should take. One must first consider whether the regularity of bonuses paid in the past mean that the payment has become part of the employees’ terms of employment through custom and practice. Other relevant factors to take into account include how the gift has been described to staff each year, whether it has ever been described as ‘discretionary’ by the employer and whether the employer has applied its mind to exercising that discretion.

Adverse weather conditions
With advance warning of bad weather, it is important that the company forms, and communicates, its policy on attending work. Whilst it is acceptable to expect those that walk to attend work as usual, staff who travel by car or public transport are going to find it difficult to get to the office, as will those with young children.

As employees who do not work due to adverse weather are not entitled to be paid, it is necessary for the employer to have a policy in place for those who cannot work from home. A common policy for an employer to adopt is to provide employees with the options of converting the day into paid holiday, taking unpaid leave or making up the hours when back at work. It is also advisable to have a written policy that is sent to all staff when adverse weather is predicted, so that staff are reminded of the employer’s policy and have the opportunity to make alternative arrangements where necessary.

Sickness absences
If an employer has a reasonable belief that an employee has lied about his sickness absence, an investigation should commence where the employee is invited to explain his/her sickness absence. It may be difficult to prove that there is a case to answer because a self-certification is usually all that is required for the first 7 days of sickness absence and it will not be possible to ask the employee to obtain a sick note from a doctor for the day’s absence retrospectively. If there is a case to answer however, the employer should proceed with a disciplinary meeting and issue a sanction for the employee’s misconduct. The employer may also deduct one day’s pay from the employee’s salary for the day they did not work.

The Christmas party
Intended as a moment for festive joy and celebration, Christmas parties can also prove to be a potential minefield for employers. The classic scenario is, of course, physical altercations amongst employees, and as the party is a work related social event, it would fall under the employer’s disciplinary policy. Like all disciplinary matters, it should be fully investigated with statements taken from all those that witnessed the episode. 

Another issue is whether to invite temporary employees. Whilst the Agency Workers Regulations 2010 provide that an employer must provide agency workers with access to collective facilities and amenities, it is unclear as to whether a Christmas party qualifies as such. From an industrial relations perspective however, excluding an agency worker may be counter-productive. Another potential problem is misplaced career promises given to employees by management. Whilst many cases brought by disappointed employees have been dismissed by tribunals, promises made at social functions can be contractually binding. Managers and other senior staff should therefore avoid making any such promises at social functions, so that such a risk does not arise.