People Matter - December 2025
HR Dept
Darned December disciplinaries
The Christmas party may be one of the most anticipated work social events of the year; but the traditional mix of alcohol, dancing and general merriment can end people up in HR trouble the next day. So whether it is mistletoe Malcolm, drunken Debbie or fighting Fin, how do you manage the Christmas party HR hangover.
Prevention is better than cure as we all know, and you can minimise the chances of misconduct by setting expectations before the party. Remind staff that it’s an extension of the workplace and that they should behave appropriately. Consider also how you position the party – a free bar with unlimited alcohol could be asking for trouble. Introducing moderation in some form will help.
But if you get to the next day and incidents have happened, it is time to deal with them promptly. An informal approach may be sufficient for a minor infraction, like a misunderstanding or mild offence caused. A quiet managerial word, followed by an apology.
However, if the allegation is more serious, or your informal approach did not work, you will need to follow your formal disciplinary and grievance procedure.
This will involve an investigation to establish the facts, carried out by someone independent. They may interview witnesses, review CCTV and collect statements from those directly involved.
They should produce a report which then informs a disciplinary hearing. Outcomes of this may range from finding no fault to misconduct or even gross misconduct for the most serious offences. First warnings, final warnings and dismissal could potentially follow. Remember to include a right of appeal, though.
It is not a desirable process to go through at the best of times, let alone just before Christmas. If you do not have the capacity to cope with an investigation and disciplinary hearing, are missing a disciplinary and grievance policy or are just not sure what to do, we can help.
One final point. It has long been possible to be found vicariously liable for employee misbehaviour at a Christmas party, and there is legal obligation to take preventative measures against harassment and sexual harassment. Ensure you have carried out a risk assessment for this, acted upon it and run staff training. We can help with all of this too.
Not everyone brings good tidings… if you ask
While the overwhelming portrayal of Christmas is one of happiness, family and of course rampant consumerism; scratch beneath the surface, and some (even many) people’s reality is not so cheerful.
In fact, the list of reasons not to be cheerful is long:
- Loneliness
- Financial difficulty combined with a pressure to spend
- Seasonal Affective Disorder
- Family arguments, and worse: domestic abuse
It is sad but true that due to factors like increased alcohol consumption and more time spent together at home, domestic abuse spikes at Christmastime. This is something we wrote specifically about in in our November newsletter newsletter, as well as the benefit of having a domestic abuse policy.
As an employer, it pays to recognise this in the management of your team. An understanding approach, where applicable, will help you bring the best out in them, foster loyalty and avoid damaging bust ups that might otherwise occur.
Practical things you can do include not putting pressure on employees to be Christmassy, and reminding people that your door is always open for a confidential talk.
So, setting an affordable limit on a secret Santa and giving people an easy opt out, for example; and being prepared for conversations if they come knocking with a problem. This could include having charities you can signpost them to; and being prepared to make certain accommodations where it is possible, like some helpful flexitime, or overtime to help out with Christmas expenditure.
For many of these problems, you (and they) may find that including and Employee Assistance Programme (EAP) in your benefits package is most helpful. For a low monthly cost per employee it provides professional outsourced support for a range of the most difficult issues, saving you time and worry, and giving them expert help. Get in touch to find out more.
Happy New Year. I’m off!
Have you noticed that January is a prime time for resignations?
Whether it is a case of “new year, new me”, the “January blues”, or just following a period of reflection over a prolonged festive break, there is a definite trend.
There is always the chance that you may be saying good riddance, but what about if a star performer or a lynchpin wants to leave? The lost productivity plus cost of replacement could really sting.
Being ready for the unexpected is a good place to start, just knowing that it may be on people’s minds. This will give you a chance to have a measured response ready, maybe even have a counter offer up your sleeve.
Being more proactive still, get some 121s booked in for January. You can use these to suss out employees’ intentions, and also set the scene for 2026 in your company. Talk about career progression, address concerns they may have and show them that they matter. It may be all they need to hear to want to stay.
Handling annual leave carryover
Like a list to Santa, many employees will submit annual leave requests at this time of year, last minute festive days off, those forward-thinking ones planning for some extra sunshine next year, and also people who have not used their annual allowance and are trying to squeeze it in… or carry it over.
This last point is only relevant now if your annual leave year is aligned with the calendar year, but the same principles apply whenever your annual leave year runs. There is more regulation around this than you might imagine.
Broadly speaking, there are four weeks of statutory annual leave given under the Organisation of Working Time Act 1997. These are complemented separately by the nine public holidays. There is no statutory right to carry annual leave over but you may both agree to do so.
There are exceptions, for example where illness is relevant. In this case it may be carried over as long as it is used within 15 months after the end of the leave year. If you prevent them using annual leave (for operational reasons), it should be carried over and used within six months of the new leave year starting.
If, contractually, you offer even more leave, your employment contracts will determine what you do.
Taking annual leave is important for well-being, so it is good practice to encourage employees to take their allowances within the prescribed times. That said, life sometimes intervenes so we’d advise trying to be accommodating where possible. If you need help, contact us.
Collective redundancies
CRN1 – It is not this year’s strain of flu, but rather the form that needs to be completed if you are making multiple redundancies. For all the Christmas cheer that is around at this time of year, sadly just like any other time, businesses can feel the pinch and have to let people go.
A collective redundancy is when you make a certain amount of your workforce redundant within a 30 day period. For the smallest businesses it is not relevant, but if you have 21-49 employees the key number of redundancies is five or more; for 50-99 employees it is 10 or more; for 100-299 employees it is 10% or more; and for 300+ it is 30 or more.
If you need to do this you must both engage in an information and consultation process with employees’ representatives; and notify the Minister for Enterprise, Trade and Employment (using the aforementioned CRN1) at least 30 days prior to the first redundancy.
There are penalties for non-compliance, so early planning is essential. Please contact us for advice if you may need to make large-scale redundancies as this is not the only part of the mandatory procedure. We are here to help.
Season’s greetings from The HR Dept
As we close out this newsletter, we would not miss the chance to raise a mince pie and wish you a merry Christmas and happy New Year! We hope you get to spend some cherished time with loved ones and have a rest.
2025 has certainly been a busy year in employment law and we are expecting no let-up in 2026. But rest assured, like Santa’s elves we will stay busy behind the scenes. We will be here for you bringing you the latest news and ideas, as well as ready to provide practical advice and support when you need it.
