| HR & EMPLOYMENT LAW
Jackie le Poidevin, Editor-in-Chief, HR Adviser |
Manage the Risks of Hosting a Virtual Christmas Party
Christmas wouldn’t be Christmas without a dire warning about the hazardous nature of work parties. If you’re one of the many employers holding a virtual party to boost morale at the end of a difficult year and combat isolation, you may be relieved that you don’t have to read for once about how to prevent workplace accidents and drunken fights. However, there is still a risk of inappropriate online behaviour that could spoil your carefully laid plans. Read on to find out how to have a trouble-free virtual event.
Even if your party isn’t taking place on your own site or in working hours, the employment tribunals have held that you can still be liable for any incidents that occur. When people are in their own homes, they may let their guard down more than they would in the workplace and you won’t be able to control how much they drink. This could lead to an ill-judged comment that causes offence and perhaps even leads to a harassment claim against both the perpetrator and you as the employer.
You will have a defence against such a claim if you can show you took all reasonable steps to prevent the harassment. Although you obviously don’t want to sound like the Grinch, it would therefore be advisable to send an email to employees ahead of the party reminding them what behaviour is acceptable.
Points to Raise with Staff
You should include the following points in your email:
- Remind staff that your usual policies (discipline and grievance, anti-harassment, social media and drugs and alcohol) still apply.
- Warn against giving Secret Santa gifts, or wearing outfits, that are risqué or could cause offence.
- Remind staff that if they post photos or comments on social media, they should act responsibly, be considerate to their colleagues and obtain consent from the people in any photos before posting. They should avoid posting anything on social media that could bring the organisation into disrepute.
- If the next day is a working day, set out your expectations for attendance. Can staff start work late?
Organising the Event
When organising the event, you should make it as inclusive as possible. If you’re sending out wine-tasting kits, for example, consider whether any team members don’t drink (perhaps for religious reasons). Can you offer them an alternative treat package? You should also avoid pressuring people to attend if they don’t want to – again, for religious or other reasons.
You should also make sure your event is secure to avoid ‘Zoombombing’. This is when uninvited guests gate crash your virtual event and make inflammatory comments or display something offensive or pornographic. Avoid posting a link to the event anywhere public and ask your IT team for advice on other security measures. The event host should learn how to share their screen to block any offensive images, change the settings to stop other people screen sharing and remove uninvited participants.
Post-party Complaints
If you do receive a complaint about someone’s behaviour at the party, you should deal with this in line with your usual grievance procedure.
| PAYROLL
Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
What to Do About Furloughed Employees and Christmas Holidays
The extended Coronavirus Job Retention Scheme (CJRS) runs until 31 March 2021, meaning that it spans the Christmas period. Many businesses shut down over the Christmas period and employees are required to take leave while the business is closed. Where the business remains open, staff may choose to take annual leave. There are also three bank holidays over the festive period. So what is the position as regards furloughed worker and Christmas holidays.
Furloughed Workers Continue to Accrue Leave
The first point to note is that furloughed workers continue to accrue leave while on furlough, the same as other employees. By law, an employee is entitled to 5.6 weeks’ annual leave each year. You can agree a variation in holiday entitlement with your furloughed employees as part of the furlough arrangements. However, the employee’s holiday entitlement must not be less than the statutory minimum of 5.6 weeks a year.
Furloughed Workers Can Take Holiday
Workers can take annual leave while furloughed without disrupting their furlough. Employees who are flexibly furloughed can take holiday, and hours taken as holiday during the claim period should be counted as furloughed hours rather than working hours.
While an employee is furloughed, you can require that they take annual leave. You can also cancel holiday that an employee has booked as long as you give them sufficient notice. Normal notice requirements apply.
Holiday Pay
The Working Time Regulations require employees to be paid holiday pay at their normal rate of pay. Where an employee takes annual leave while on furlough, the employer can still claim the furlough grant but must top up the grant so that the employee receives their normal pay for any days of annual leave.
Bank Holidays
The bank holidays for Christmas, Day, Boxing Day (the bank holiday for which this year is Monday 28 December) and New Year’s Day fall within the festive period. There is no statutory right to time off on a bank holiday and the days can form part of the employee’s statutory leave entitlement.
Where a furloughed employee would usually work a bank holiday, this can be included in the grant claim for the appropriate period.
If the employee is required to take leave on a bank holiday, the furlough grant can be claimed, but the employer must top this up to full pay.
Beware Furloughing Employees During the Holiday Period Only
An employee can only be furloughed and a grant claimed under the CJRS if your business is adversely affected as a result of Covid-19. In their guidance, HMRC make it very clear that you cannot furlough an employee and claim a grant:
- Just because they would be on paid leave anyway.
- You traditionally shut over the Christmas period.
- You do less business over the Christmas period, so require fewer employees to work.
Claiming a grant for an employee who would otherwise be working while they are on leave over the Christmas period would constitute an abuse of the scheme; any grants claimed in these circumstances should be repaid.
However, where an employee has been furloughed because your business has been impacted by Covid-19 and the employee takes leave while furloughed, you can continue to claim the grant for the leave period, but must top the employee’s pay up to full pay for those days.
| HEALTH & SAFETY
Paul Smith, Editor-in-Chief, Health & Safety Adviser |
HSE Updates Ventilation Advice After TUC Claims’ Food Factories Could be Super Spreaders this Winter’
Last week, the TUC warned that food processing factories could become coronavirus ‘super spreaders’ as Christmas approaches. They claimed that food workers already face a higher chance of contracting Covid-19 because of factors such as poor ventilation. Quoting European Centre for Disease Control data, they pointed out that food processing has the third highest rate of outbreaks (after care homes and hospitals) and called for updated ventilation advice. The HSE refreshed its guidance within days but denied this was in response to the TUC call. Here, we summarise the latest action points for all employers.
Your Legal Duty to Ventilate
Firms in all sectors need to ensure an adequate supply of fresh air in the workplace, and this has not changed during the pandemic. However, good ventilation, coupled with social distancing, keeping the workplace clean and frequent handwashing, can help reduce the risk of Covid-19 spread. The HSE warns, though, that ventilation will have little or no impact on droplet or contact transmission routes.
A spokesperson said: ‘Recognising that it is now winter and workplaces need practical advice, we have just updated our online guidance underpinned by the latest scientific evidence, and particularly reflecting the current understanding on the role of ventilation in reducing the aerosol transmission of coronavirus’. Key messages are:
- Good ventilation is a balance between making sure workplaces are warm but keeping a flow of air going through an area.
- You should actively look for poorly-ventilated areasg. where there is no natural or mechanical ventilation. The more people occupying an area that is poorly ventilated, and the longer they remain in it, the greater the transmission risk.
- If you work in an environment with a complex ventilation system, for example supplying multiple floors and rooms, or old buildings, there is more guidance from the Chartered Institution of Building Services Engineers (CIBSE).
Improving Natural Ventilation
- Natural ventilation can be provided through open windows, or through other means such as vents. Don’t, though, prop fire doors open.
- Avoid completely closing windows and doors when an area is occupied: this can result in very low levels of ventilation.
- Windy weather conditions over winter will increase the natural ventilation through openings. Opening higher-level windows is likely to generate fewer draughts.
- Airing rooms improves ventilation. This involves opening all doors and windows wide to maximise the ventilation e.g. when the room is unoccupied or between uses.
- If the area is still cold, relax dress codes so people can wear extra layers and warmer clothing.
Mechanical Ventilation (Including Air Conditioning)
- Continue using mechanical ventilation systems as normal but set them to maximise fresh air and minimise recirculation.
- Consider extending the operating times of HVAC (Heating, Ventilation and Air Conditioning) systems (switch on earlier, switch off later).
- If you use a centralised system circulating air to different rooms, turn off recirculation and use a fresh air supply.
- Recirculation units for heating and cooling that do not draw in a supply of fresh air can remain in operation as long as there is a supply of outdoor air, for example, windows and doors left open.
- Don’t use desk or ceiling fans in poorly ventilated areas.
- Ensure all systems are maintained in line with the maker’s recommendations.
- Consider using filtration systems, high-efficiency filters and ultraviolet-based devices. They must be the correct size for the area served.
- In vehicles, switch ventilation systems on while people are in the vehicle and set to draw fresh air in, not recirculate. Open windows (partially if it’s cold) and leave heating on to keep the vehicle warm.
In summary:
- Fresh air is good!
- Good ventilation is a vital element of ‘Covid-Secure’, but it does not remove the need for other measures such a social distancing, handwashing and sanitising touched surfaces.