We had a chat with Lucy Trynka and Abbie Bielby at Rollits about how to combine jolliness with professionalism this festive season.
Lucy Trynka is a solicitor in the Employment team at Rollits. She recently shared some advice on how to keep staff on side during the World Cup, such as reminding employees that matches should not be watched whilst at work. Now that the festive period is well and truly here, Lucy offered us some guidance on how to celebrate the holiday season whilst remaining professional and productive.
“This time of year comes with more social events and parties,” said Lucy. “Whilst it’s important that everyone has fun, employees need to remember that a work Christmas party or meal is an extension of the workplace. This means that any issues that may arise should be dealt with in the usual way and through the official channels.”
Lucy pointed out that even during times of merriment and jubilation, employees are still representing the company they work for (including when attending external Christmas events). Though it should be expected that individuals should be acting appropriately at such events, it is recommended that employers also provide guidelines to ensure that everyone enjoys themselves whilst doing the company proud.
“The best place to start is by sending out a reminder email,” said Lucy. “This should explain that employees need to maintain a certain level of decorum whilst at the event and that the usual grievance and disciplinary procedures remain applicable. However, you do of course need to strike a balance so that the Christmas spirit isn’t dampened and employees are not put off from attending the event in its entirety.”
Another key point shared by Lucy is that a company should set a limit on the amount of free alcohol being provided, if any is to be provided at all, to try and minimise the risk of inappropriate behaviour being seen as ‘encouraged’ by the employer. In addition, employers should ensure that all employees receive an invite to the party, including those who are on sick leave, maternity or shared parental leave, and even people who have holidays booked:
“Failing to invite someone, even if it is accidental, can be misconstrued as discrimination, so it is important to invite everyone even if you know they’re away when the party is taking place or think they may not want to attend,” explained Lucy.
Additional considerations are to ensure that Secret Santa and similar activities don’t veer into unsuitable territory, such as the giving of gifts that may offend an individual’s religion, gender or sexual orientation. Allocating time off should also be managed fairly – if two people request the same days as annual leave and one of them doesn’t celebrate Christmas, you should be sure to give both requests equal consideration in order to avoid any allegations of discrimination under the Equality Act 2010.
“Employers can remain fair and compliant by having policies in place and maintaining clear and open communication,” added Lucy. “By doing everything by the book, Christmas can be a fun and enjoyable time of year for every member of the team.”
We also spoke to Abbie Bielby, who is a solicitor in the Dispute Resolution department at Rollits. Her knowledge of the Consumer Rights Acts 2015 is extensive, so she was able to provide invaluable advice on what you can do if you need to return an item to a store after Christmas Day.
“Everyone is afforded protection when purchasing products,” said Abbie. “If an item is not fit for purpose, not of satisfactory quality or is not as described, you can exercise your right to return it, and receive a refund. This right is time limited and is only available for thirty days from the date of purchase.”
However during the festive season, organised shoppers may purchase gifts weeks or even months in advance. When this is the case, Abbie has some additional guidance to share:
“If the item was bought in advance, for example on Black Friday or Cyber Monday which take place in November, there are other rights available to the purchaser if the item purchased is of unsatisfactory quality, unfit for purpose or not as described. The item can be taken back to the shop for replacement or repair if it was purchased more than thirty days ago. Within the first six months from purchase, it is assumed that any fault has been there since the time of purchase.
“The rights above only apply when there is a fault with the gift. In the case of unwanted gifts, if bought in a shop your right to a refund will be at the retailer’s discretion and subject to their returns policy. Also, make sure to remember that returns policies can differ from company to company, so contact the seller if in doubt. The vast majority of shops and online stores will be prepared for returns and exchanges after Christmas, but knowing your rights and checking the refund policy beforehand will make the process a lot smoother for both the giver and the receiver of the gift.”
The team at Rollits is dedicated to supporting employers, employees, families and individuals through a wide range of legal services. For more expert advice, please visit their News section.