Last updated at 11:53, Tuesday, 04 December 2012
JENNY NUTTALL has been a qualified employment solicitor for five years and advises employers and employees on all aspects of employment issues. Please contact her for a free initial consultation at j.nuttall@livingstons .co.uk or 01229 585555.
Q I am a local employer and I would be grateful if you would confirm what the position is regarding Christmas holidays and annual leave.
Can I request that my employees retain enough annual leave from their normal entitlement to cover the break between Christmas and New Year?
A Yes you can if you wish. The statutory minimum annual leave is 5.6 weeks and this includes all bank holidays.
You can request that your employees hold enough holiday to cover the Christmas break, and even between Christmas and New year if you shut the business down.
If you do, it is best to have it written in your contracts. However, you can also give additional holiday over and above their normal entitlement if you wish.
This decision really is at your discretion so long as you use your discretion fairly for all employees.
Don’t forget that employees are not automatically entitled to have an actual bank holiday day off work, you can ask them to work on a bank holiday and take that day at another time.
Q At our last year’s Christmas party we went to a local hotel for a celebration. Two employees had rather a lot to drink and a heated discussion turned quite nasty.
They had a fight and damaged some of the hotel’s property as well as throwing food on the wall.
We paid the hotel for any damage to save any embarrassment to the company, but we did not take any action against the two employees because we assumed it was out of work time.
We are nervous in case a similar incident happens and might not even have a party this year. If it does what can we do, if anything?
A We are asked this a lot, basically if you are on a works function, whether on or off the business premises your employees are still in works time.
They are still bound by the terms and conditions of employment and treat it like a day at work.
Therefore if anything like this happens again you are able to invoke your disciplinary procedures.
In practical terms, you may wish to send a memo round to all staff to remind them that they are still bound by their terms and conditions at any works function and any misconduct will be dealt with according to your usual disciplinary procedures.
Hope it goes well and Merry Christmas!
- If you have any employment questions please contact Jenny Nuttall on firstname.lastname@example.org for a free initial consultation. Your question may be published in the next column, subject to confidentiality
First published at 11:50, Tuesday, 04 December 2012
Published by http://www.nwemail.co.uk
- Police investigating collision at Barrow taxi firm
- Pupils hit a high note at South Cumbria Musical Festival
- Concerns over increase in violence at Cumbria prison
- Electric barriers result in outrage among Haverigg residents
- Otter found in South Cumbria puddle is now doing swimmingly
- Barrow sports club’s future secured by a new long-term lease
- Askam dad killed by mix of drugs and alcohol
- Record day for young musicians at Ulverston contest
- Race against time to Cumbria and Lancashire save maternity units
- Staff moved to tears by damning report into Barrow maternity failures
- Casson confident over Barrow AFC title bid
- Wilson hails Barrow AFC squad strength
- Barrow AFC boss facing selection headaches
- The Weekly Meeks: Bradford clash will be no walk in the Park
- Walney Cents' Finch back for top-of-the-table clash
- Hawcoat Park aim to produce another big home display
- Kirkby look to steer cup treble chasers off course
- Barrow AFC keeper seeks new contract
- Fylde striker and ex-Barrow AFC player warns - title race not over yet
- Aussie ace out to impress for Barrow Raiders
Visit our websites for...
Great Daffodil appeal 2015
Homes and gardens 21
Power to switch
Walk to remember
Choosing a secondary school
To save our contact details direct to your smartphone simply scan this QR code
|Evening Mail Going Out|