10 Top Tips for Employers This Festive Season

December is always a busy time for employment lawyers and the organisations they advise. With preparations in full swing for the festive season, our Employment Law & Benefits team reviews the typical workplace issues encountered by employers and suggests 10 top tips for dealing with them successfully.

1. Christmas party and liability for employers

Tip: Employers should ensure that employees understand that just because they are attending the Christmas party offsite, it does not mean that normal rules around appropriate workplace behaviour do not apply. Employees should be reminded that the Christmas party venue is treated as an extension of the workplace, meaning all dignity at work and bullying/harassment policies remain in force.

2. You have been tagged

Tip: Not everyone wants their image shared on social media, whatever the intention of the poster. Employees should be reminded accordingly and warned against posting anything that could damage the employer’s reputation. Most employers cover this in their social media policy, but it’s always worth repeating.

3. The morning after the night before

Tip: Employers have an obligation to provide a safe place of work. Employers should inform all employees of their expectations that, should they report for work the day after the Christmas party, they must not be under the influence of alcohol or drugs.

4. 'Secret Santa'

Tip: While 'Secret Santa' in the office is often seen as a bit of fun, the anonymity involved can sometimes result in inappropriate, and even offensive, gifts being exchanged between colleagues. Employees should be encouraged to consider in advance of selecting a gift whether their choice might cause offence or be construed as bullying or harassment.

5. Religious and cultural differences

Tip: Not all employees are Christian and not all employees celebrate Christmas. Food offerings should, in so far as it is possible, provide for choice; and mocktails and non-alcoholic beverages should be as freely available as the alcoholic variety.

6. Deck the halls

Tip: Employers should ensure that Christmas trees and decorations do not block fire escape routes or exits, are not hazardous, and that any novelty lighting is checked for defects.

7. Public holidays

Tip: Full time employees are entitled to a paid day off on the public holiday, an additional day of annual leave, an additional day's pay, or a paid day off within a month of the public holiday. Part time employees’ entitlements are different and should be checked.

8. Snow days

Tip: While the weather is still relatively mild, employers have an opportunity to put measures in place now to prepare for adverse weather in the coming months.

9. Sick days

Tip: Sometimes the excesses of the season can lead to an increase in sickness absence – some genuine, some self-inflicted. Employees are now entitled to be paid sick pay for the first 5 days of sick leave in any rolling 12 months period. This is subject to the requirement on the employee to provide a medical certificate from a registered medical practitioner and sick pay is capped at 70% of the employee’s daily rate or €110, or whichever is greater. The exception to this is a situation where an employer’s sick pay scheme, taken as a whole, is better than the statutory sick pay entitlement.

10. Inclusivity and accessibility

Tip: Ensure offsite locations are accessible to all employees and any guests who may be attending the event. Consider the impact on those with cognitive impairments. Consider language, signage and sign language.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.