So what are the 8 HR Myths at Christmas?
Temporary Christmas cover workers do not get holidays
All workers and employees get annual leave, including temporary, fixed-term, zero hour or casual staff. The legal minimum is 5.6 weeks inclusive of bank holidays and this is pro-rated for all those who do not work full time.
Temporary Christmas-cover workers do not have a contract if there is nothing in writing
A contract of employment is formed from the moment the job offer is accepted. This can be verbal, by letter, email or even text. It is important for employers to be mindful of saying something they may later change their mind on. It’s important to not, if it is promised, it is likely to form a verbal contract.
An end of a temporary contract is not a termination
Not renewing or extending a fixed term contract on its expiry still constitutes a dismissal and the employee will be due their contractual notice period. If an employee has been employed for less than 2 years, it is unlikely to be an issue as they will not have the required length of service to bring an unfair dismissal claim.
All employees are legally entitled to get bank holidays off or receive pay for them
There is no legal right to provide special treatment on bank holidays. Many employers assume that bank holidays are an automatic leave day/s for all employees. There is no legal obligation on the employer to allow employees to take bank holidays off. It is entirely up to the employer to decide whether they would like to give bank holidays as leave days, they are well within their rights to request employees work it.
All employees are entitled to enhanced pay for working Christmas day or any other bank holiday
This is not the case. Although it is a nice incentive to give employees extra pay for working Christmas day or any other bank holiday to ensure smooth operation of the business, there is no legal obligation on the employer to pay anything more than the normal rate of pay.
“Banter” at Christmas parties is not sexual harassment
Is often used as an excuse for inappropriate behaviour, especially when it comes to acts which would be seen to be harassment, bullying or victimisation. Tribunals continually reject the notion that an employee can justify their actions as “banter” when defending a sexual harassment claim. Christmas parties are no different, just because it is done outside of working hours/workplace, does not mean that “banter” is then acceptable, alcohol fuelled or not.
An employer is not responsible for employee conduct during a Christmas party
It would be prudent for the employer to assume that they are liable for actions of their employees during work events such as Christmas parties. When looking at liability, legislation refers to the term “in the course of employment” and this will include Christmas parties.
Employees are entitled to be paid full pay for “snow days”
There is no obligation on the employer to pay full pay for “snow days” where an employee cannot attend work due to being snowed in. However, the employers should check employees’ contracts of employment as some employers do put provisions in place in event of bad weather.
