December Newsletter 2008
Christmas Considerations ...
Christmas can, and should, be a joyous time both at home and in the workplace. Yet for HR professionals it has become fraught with concerns about everything from paper-chains to punch and from tinsel to turkey.
Finding a way through the maze that defends the rights of all and does not leave HR with a reputation for being “kill joys” is difficult and sometimes stressful.
This year it may be even more so as organisations tighten their belts and decrease or even withdraw funding for festivities. The likely outcome is a plethora of departmental events, organised by energetic and entrepreneurial colleagues operating without the HR expertise thereby increasing the potential for offence.
The most frequently asked questions are:
- Should we decorate the workplace, or will that cause offence?
- Should we have a Christmas party and, if so, how can we be inclusive?
- How can we best deal with the morning after the night before?
- Do we have to allow those who are not Christian to work on Christmas Day?
Whether colleagues are Christian, of another religion or of no religion, Christmas is a time for families and friends to be together and to have fun; ‘peace and goodwill to all men’ is as relevant to non Christians as it is to Christians.
It is unusual for the non-religious elements of Christmas, such as baubles and tinsel to cause offence although organisations should avoid overtly religious symbols in the workplace throughout the year.
The most obvious approach to deciding whether or not to decorate the workplace is all too often forgotten, consult. Don’t try to second guess the views of others – ask for them.
If you have an employee forum or recognise a trade union they can provide an invaluable conduit through which you can check whether staff are likely to feel harassed by the presence of Christmas decorations. Try to be clear in what you are asking and stress that the question relates to paper-chains and not nativity scenes, that you want to ensure that everyone can take pleasure in the time of year.
The same, of course, applies to Christmas cards. Few are offended by being wished a ‘Happy Christmas’ or being offered ‘Seasons Greetings’ – indeed, it is more likely that you will cause offence by excluding someone because you are afraid of upsetting them than you will by sending them an appropriate card – but if you are not sure, ask.
Christmas parties can be more difficult, particularly as organisations are likely to be held vicariously liable for their staff even in an out-of-hours social setting.
Many people do not drink alcohol for a whole range of reasons which have nothing to do with religion, as well as those for whom the tenets of their religion forbid alcohol. So, it is always best to ensure that a range of non-alcoholic drinks are readily available without individuals having to specifically ask which can be embarrassing.
It may be inappropriate for the party to take place in a pub or bar. For example, Muslims or recovering alcoholics may feel unable to attend if the party is to take place in a hotel bar; excluding staff by choosing an inappropriate venue is not only discriminatory it will also affect motivation and loyalty far into the new year.
You should ensure there is a choice of food and, if there is to be a buffet that the pork sausages are not on the plate next to the vegetarian option. Do not fall into the potential trap of only providing Halal meat, there are many who will not eat Halal meat because of the manner in which it is prepared and, of course, there are people who will only eat Halal meat. Most caterers will understand the needs, will keep food separate and well labelled.
If partners are to be invited to the Christmas party, take care to ensure that those in civil partnerships feel welcome. If gay employees are not ‘out’ in the workplace, that raises a different question which should be addressed as part of your equal opportunities training and development programme.
If there is to be a raffle, or another means of winning prizes, make sure they are appropriate for all. A bottle of Champagne may not be welcomed by your entire workforce but a similarly priced basket of fruit would be acceptable to all. If you provide your staff with diaries, they should include all religious festivals and not just the Christian festivals.
Absenteeism as a result of over indulgence should be treated in exactly the same way as any other absenteeism. But avoid the lost productivity by planning for Friday celebrations if possible – preventing a problem is always better than trying to cure it !
As everyone knows, the flow of alcohol can lead to behaviour which may cause offence. Occasionally the behaviour does not actually cause offence but does impact on the ongoing working relationships between colleagues who have come to know each other a good deal better than before the party ! Mobile telephone cameras can be a mixed blessing at such times and what was fun on Friday evening is difficult to bear on Monday morning as the picture circulates through the organisation.
Over indulgence may be a reason but it can never be an excuse for inappropriate behaviour and dealing with the “morning after the night before” complaint of harassment requires sensitivity and careful handling.
Current case law shows that even if a grievance states that it is not a formal complaint, you should treat it as such (Procek –v- Oakford Farms Ltd). If you receive a complaint you should arrange a meeting with the aggrieved and agree a way forward, keeping a careful audit trail. An informal approach to the matter may be sufficient; it is not infrequent that a heartfelt apology from the perpetrator settles the matter to everyone’s satisfaction, the services of a mediator can be invaluable at such times. But if someone feels strongly enough about an issue that they raise it with their manager or HR department, then it is likely that they need resolution and you may need to use your formal grievance procedure to investigate the matter more thoroughly. That may eventually lead into charges being made under your disciplinary procedure.
However, even if the aggrieved person want to keep things informal you may judge the matter to be more serious or a violation of your Equal Opportunities policy; if that is the case you should use your disciplinary policy. Because harassment, for example, took place in the evening and off site does not make it any less distressing for the recipient or any more acceptable and you must make it clear that bullying, harassment or intimidation is unacceptable whoever the perpetrator and wherever the behaviour took place.
Difficulties frequently arise when the harassment came from a senior manager who considers himself above the organisation’s Equal Opportunities policy. But consider the affect on employee relations if Clive Cleaner is dismissed for the same offence as that which Fred Finance Director is allowed to get away with. To deal with the matter equitably, you will need support from a senior colleague.
If behaviour has taken place that brings your organisation into disrepute you should undertake a proper investigation and deal with the matter through your code of discipline.
Perhaps the most awkward situations are those where colleagues, in the cold light of day, regret their behaviour and working relationships are soured. A mediated approach should be your first resort. If that is unsuccessful, or not acceptable to those involved, you may need to consider redeployment or some other means of retaining skills and preventing the situation leading to an expensive vacancy. Crucially, you will need to take care not to indirectly discriminate against one or other of the parties by your actions. When emotions are running high, feelings are easily bruised and deciding who to redeploy can be fraught with both legal and emotional difficulties.
Of course, not all staff celebrate Christmas and you may have colleagues who say they would like to work as the day is not special for them, they may even suggest that it is discrimination on the grounds of religion or belief to insist that they take Christmas day as annual leave. This is not the case.
The Working Time Directive allows employers to tell their staff when they must take annual leave. Moreover, many businesses would find it impossible to work productively over the Christmas period as their customers and other business interfaces are on holiday too, so there are both legal and business reasons for closing down over the Christmas period.
If you work in a 24/7 environment then allowing staff to swop shifts is absolutely fine provided there is a reciprocal arrangement for festivals such as Diwali or Eid.
To reiterate our message –
- Don’t try and second guess how people might feel – ask them
- Take a positive approach and ‘manage’ the season rather than pouring cold water on celebrations which can lead to criticism and dent your reputation.
- Remind your workforce that if everyone is to have a good time, they need to be inclusive and plan for everyone’s needs. Encourage those planning events to consult widely with their colleagues and not to assume that a night in the local hostelry is just what everyone wants
- Bullying, harassment or intimidation is totally unacceptable wherever it takes place, whoever is the perpetrator and whatever reasons are put forward for the behaviour. If it takes place at the office party, deal with it in the same way as you would deal with it if it took place during office hours
- Disreputable behaviour is just as disreputable at Christmas as it is at any other time of year and should be dealt with accordingly
- Consider mediation as a first rather than a last resort if unpleasantness takes place or people regret their mutual actions
- It is perfectly reasonable to close your organisation over the Christmas period even if those who are not Christian would prefer to work
