Additional Paternity Leave

Over the last decade, there has been a steady improvement in the rights of families at work. Paternity leave and pay were initially introduced in 2003 and are shortly set to undergo further transformation. What will be the impact of additional paternity leave on your company?
The new laws mean there is a significant extension to the current paternity leave provisions of up to 2 weeks, so you may be nervous about the impact on your business. You may be concerned about the administrative burden the new paternity rights could place on you and the practicalities of potentially losing both men and women from the workplace for extended periods. However, Ministers estimate that between 4% and 8% of those eligible for the new leave will take it, with only 1% of small businesses expected to be affected.
With a little careful planning, the benefits should soon be seen as more new fathers are able to balance work and family.
What should your business be doing now? Here are some suggestions:
• Review maternity/paternity and flexible work policies and procedures to ensure they take into account the changes from April 2011 onwards;
• Put systems in place to ensure the correct information about additional paternity leave and pay is captured – by using template notices and employee/mother declaration forms;

• Organise internal processes to ensure that entitlement to additional paternity leave/pay is included.

Consider whether your existing HR policies and procedures are adequate to deal with any requests for APL.
If this is not the case, think about areas of policy that would benefit from extension or clarification. For example, your company may need to produce specific APL forms, prepare for hand-overs in advance and consider how it will implement and organise a father’s entitlement to 10 ‘keeping in touch’ days.

Don’t forget that the new rights apply to partners including civil partners as well as adopters adopting within the UK (as long as they are entitled to statutory adoption leave).
If you would like to purchase a template Paternity policy or need any advice please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/
Current paternity leave entitlement is 2 weeks off in the 8 week period following the birth of a baby. The previous Government introduced Regulations, in force since April 2010, under which a father would be able to share a period of maternity leave with his spouse or partner. The Regulations affect parents of children due on or after 3 April 2011.

With the introduction of new laws, fathers of babies due on or after 3 April 2011 now have the right to take up to 6 months additional paternity leave (APL). This will only be if the mother has returned to work and not before the baby is 20 weeks old. If the leave is during the mother’s Statutory Maternity Pay period, the right to payment will also transfer to the father and so may in part be paid.

It’s not uncommon these days for the woman to be the higher earner in a relationship and we all know of a new mother who has returned to work earlier than she would have liked after the birth of a child because of financial concerns.

In essence, fathers will be allowed to share maternity leave with the mother anytime after 6 months, leaving the father to take what is left of the remaining 12 months maternity leave and pay.

Guidelines on Default Retirement Age (Part 2)

Following on from last week’s newsletter this is the second of three newsletters we will be sending you to bring you details of this impending change in law and guidelines on how your Company can manage these changes.

MANAGING PERFORMANCE AND RETIREMENT 

Stopping using retirement ages - Tips and Guidance

General principles

The removal of the default retirement age (DRA) is an opportunity for you to review your practices and processes for managing employees and their performance.  Good people management is the best way to adapt to the removal of the DRA. Talking to your employees and allowing them opportunities to communicate openly and regularly is essential.  Having regular conversations with all employees about your expectations of them, their performance and future plans are invaluable. These should not be limited to younger or older employees.

Managing performance and retirement for older workers

Two thirds of businesses already operate without a fixed retirement age. Research shows that older worker productivity does not usually decline, at least up to the age of 70, where these workers have received the same level of training as younger colleagues. Older workers also tend to have fewer accidents and take less short-term sick leave.

Older workers do not tend to block opportunities for younger workers. Evidence indicates that there was no positive effect on youth employment from measures which allowed older workers to retire early. Some employers believe that removing older workers to make way for younger workers can damage productivity with the loss of existing skills and experience. This can lead to increased staff turnover and increase the cost of recruiting and training new workers.

To help your business manage without a set retirement age, you should:

·         Plan ahead - use formal or informal performance discussions to talk about on-going work options, retirement options and further skills development. Ask all employees where they see themselves in a year or two to open up discussions about their options.

·         Encourage employees to initiate discussions with their manager at any time to discuss options for continuing to work or retiring. A good time to do this might be after they receive a pension scheme notification about their forthcoming pension entitlement.

·         Ensure all managers are trained in how to manage regular performance discussions to also give feedback, motivate and develop staff regardless of an employee's age. Reviewing the performance of just certain age groups, younger or older, could raise concerns about unlawful age discrimination.

·         Use discussions to manage under-performance, whatever the age of the employee. Difficulties might be remedied through training, a change of job role, workplace adaptation or a change in working pattern. If poor performance cannot be resolved, follow the normal 'fair dismissal' procedures that apply to employees of any age.

·         Review your business retirement procedures and communicate your policies clearly to managers and staff. Older workers should be aware that they can work longer but are not expected to work indefinitely.

·         Consider offering a flexible approach to retirement to help retain key skills for your business. A change in working patterns, reduction in hours or a different role may encourage your experienced older workers to stay at your company and perform more effectively. Remember, if flexible working is not open to all, then targeting it at older workers would need to be objectively justified. See the page in this guide on flexible working for older workers.

·         Think about directing older workers to sources of support which can help them prepare for the financial and personal changes they may face when they retire.

Exclusions from Age Discrimination - Insured benefits

The Government has stated that it will introduce an exception to the age discrimination rules so that employers can stop offering employees insured benefits, such as life assurance and private medical cover, beyond their normal retirement ages. Businesses had been concerned that the removal of the DRA could lead to substantial costs for providing insured benefits for the over 65s.

Some frequently asked questions about working without the DR A

Q          I have an employee who is not performing as well as I would wish, I was hoping to use the DRA to dismiss him when he reaches 65 but now cannot do this because the law has changed. What can I do?    

      

A          You may use one of the reasons for fair dismissal. However, a workplace discussion can help you better understand the employee’s intentions regarding their retirement. If they intend to retire then you can allow this to happen but remember an employee can change their mind. Where an employee is performing poorly and their performance cannot be improved, you have the option of dismissing them on the grounds of capability.

Q          Do I have to have a retirement discussion with my employees?

A          No, there is no requirement to talk to employees about their future plans but you may find it helpful to do so for your own organisational and succession planning purposes.

Q          If I discuss retirement with an older worker can I leave myself open to a claim of age discrimination?

A          Not if properly handled. Employers may reasonably want to know about an employee’s future aims and aspirations. The important thing is not to single out older workers. If you are going to ask older workers about their plans it is good practice to also ask other, younger workers, about their plans as well, perhaps as part of an annual appraisal meeting.

Q          What can I say to an older employee at a meeting to discuss their future plans?

A          It is best if you start any discussion in a general way. Perhaps asking the employee what their future plans are or how they see themselves developing in your organisation over the next year or so. Any direct questions such as “are you planning to retire in the near future” or “you seem to have been slowing down of late, have you thought about retirement” are best avoided. Once an employee has indicated that they do wish to retire there is no problem in talking to them about the date for their retirement and any adjustments they may wish to make to their working arrangements or hours in the lead up to retirement.

Q          Can I protect myself by getting an employee to sign a contractual agreement that they will retire at a certain date?

A          There is nothing to stop you from coming to a contractual agreement with an employee about their future retirement date but it is unlikely to have any legal force. Employees cannot sign away their employment rights except in certain circumstances where they are legally advised and sign a compromise agreement. Compromise agreements can only be made however, where an employee has a case they can bring to an employment tribunal e.g. for unfair dismissal, which is unlikely to be the case in these circumstances as the employee will still be in employment.

Q          What can I do if an employee had indicated that they will retire on a certain date but then do not do so?

A          If an employee has given formal notice to leave, you are under no obligation to let them withdraw their notice. However if an employee tells you during a discussion that they are planning on retiring, they may change their minds before formal notice is given. Where an employee decides not to retire and no notice has been given, the first thing to do is to discuss with the employee their reason for not retiring. This can help to establish whether there is any issue that you, as an employer, might be able to help them overcome thus allowing them to retire on the due date or shortly thereafter. Ultimately however, if they decide that they do not wish to retire, for whatever reason, then you cannot compulsorily retire them as this will leave you open to a complaint of unfair dismissal.

Q          What do I need to do in terms of changing contracts, handbooks and employment policies?

A          Employment contracts will require reviewing to ensure that they are complying with the new legislation.  In addition the legislation will impact on a number of employment policies for example; retirement, and health and safety and therefore you should review and update your policies and the relevant sections of your Company handbook.

Further Guidance:

ACAS have worked on a 20 page document with the Government to assist businesses with dismissals after 1 October 2011 this is available from their website www.acas.org.uk

Contact People Business if you would like to discuss our fixed price options to update your contracts, employment policies and Company handbooks or if you have any questions about the DRA. Please email us at lisa.bolton@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/

Working without the Default Retirement Age

Longleat staff over 65 made to retire: should other employers be following on Longleat’s footsteps?

 Longleat Safari Park hit the headlines recently for all the wrong reasons as it was revealed that all staff aged over 65 at the popular tourist attraction had been made to retire. The retired employees included 18 workers over 70, seven over the age of 75 and two members of staff in their 80s.

A Longleat spokesman denied the move was anything to do with the law change. In light of the timing, this seems unlikely. 

This newsletter is the first of three we will be sending you over the next three weeks to bring you details of this impending change in law and guidelines on how your Company can manage these changes.

With effect from 1^st October 2011, the Government will be removing the ability for you as an employer to fairly dismiss your employees who have reached the age of 65. From this date dismissal for retirement will no longer be a fair reason for dismissal. The Government says that termination should be through either discussion or capability. Older employees can still voluntarily retire at a time of their choosing and draw any occupational pension they are entitled to in line with the scheme’s rules. Removing the DRA does not mean that employees will never be able to retire. It just means that employers cannot force employees to retire at a set age unless the age can be objectively justified.

MANAGING WITHOUT THE DEFAULT RETIREMENT AGE

The Default Retirement Age (DRA) will be phased out from 6 April 2011 and no valid notices of retirement can be issued after 30 March 2011 as this is the last date on which a full six months’ notice can be given.  Notices given before this date will only be valid if the retirement takes place before 1 October 2011.

You can still use the DRA between 30 March 2011 and 6 April 2011 but if you do so you must use the short notice provisions, under which an employee could claim compensation (subject to a maximum of eight weeks’ wages).

At the moment, provided that the employer goes through a proper process by giving at least six months but not more than 12 months’ notice of their intention to retire employees who have reached 65 and offer them the right to be considered for an extension and go through an appeal process if the employer says no, then there can be no claim for unfair dismissal or for age discrimination.  After the DRA disappears, if you continue to retire employees your Company will risk age discrimination and unfair dismissal claims.

So what happens now? Window of time for retiring older non performing workers!

What has happened at Longleat is no doubt precisely what the proposals to abolish the DRA were designed to avoid. A statement from Longleat said that it was undergoing a "modernisation programme" and that is was "inevitable that we require people with new diverse skills and experience from a variety of backgrounds." 

Whatever an employer’s reason for retiring older staff, you as an employer should be acting now if this is something you wish to do given the forthcoming changes in the law.

From the 6 April 2011 employers will be left with two choices:

·         to stop using retirement ages altogether;

·         or continue to use retirement ages, but only where there is – what the Government is now referring to as – an "employer justified retirement age" (EJRA).

An "employer justified retirement age" (EJRA)

Employers will not be able to defend any claims for age discrimination or unfair dismissal, unless they have an EJRA. An EJRA must be objectively justified by reference to a genuine business need (for instance workforce planning, the need for business to recruit, retain and provide promotion opportunities and effectively manage succession) or the health and safety of individual employees, their colleagues and the general public.  Employers may find it difficult to establish an EJRA.  To rely on an EJRA, employers will need to explain and provide evidence to support the reason for having a retirement age at all, as well as the age that is chosen, and will also have to tolerate the uncertainty of not knowing whether the EJRA can be justified until tested at Employment Tribunal. The prospect of being one of the first cases in which the courts will decide what can amount to an EJRA is unlikely to be appealing for most!

However if an EJRA is established, employers should also follow a fair procedure in retiring people at the compulsory retirement age. You should give the employee adequate notice of impending retirement and, if circumstances permit, consider any request by your employees to stay beyond the compulsory retirement age as an exception to the general policy – although it would be important in such circumstances to ensure consistency of treatment as between employees who might request to stay on.

Further Guidance:

Look out for our second newsletter next week which will focus on managing performance and retirement within the new legislation and talk you through some frequently asked questions (FAQ).

Contact People Business if you would like to discuss our fixed price options to update your contracts, employment policies and Company handbooks or if you have any questions about the DRA. Please email us at lisa.bolton@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/

A SNAPSHOT OF THE EMPLOYMENT LAW TO COME IN 2011

2010 proved to be a very busy year for employment law, and with the prospect of an even busier 2011, we thought it would be helpful to give you a preview of what’s in store for this year.

Monthly Guide:

JANUARY

National minimum wage: travel expenses to temporary workplaces no longer count

• From 1 January 2011, expenses for travel to a temporary workplace can no longer form part of employees' pay for national minimum wage purposes.

FEBRUARY

Compensation Levels:

·         For dismissals and other events which occur on or after 1 February 2011 the limit on a week’s pay for the purpose of calculating statutory redundancy and the basic award rises from £380 to £400.

·         The maximum compensation that can be awarded by an Employment Tribunal rises to £68,400 from 1 February 2011.

APRIL

Transitional provisions for abolition of default retirement age

• From 6 April 2011, employers will be prohibited from issuing new notifications of retirement using the statutory retirement procedure and notifications issued before this date must relate only to employees whose retirement dates fall before 1 October 2011.

Extension of the right to request flexible working

• On 6 April 2011, the right to request flexible working will be extended to parents of children under 18 (it currently applies to parents of children aged under 17, or 18 if the child is disabled).

Equality Act 2010 - positive action in recruitment and promotion

• From 6 April 2011, the Equality Act 2010 will allow employers, in certain circumstances, to apply voluntary positive action to recruit or promote a person with a protected characteristic (who suffer as a disadvantage as a result,) in preference to another without the protected characteristic, provided that they are equally qualified for the post.

Right to request time off for training

• The right for employees to make a request in relation to study or training, which currently applies to employees in organisations with 250 or more employees, is due to be extended to all employees from 6 April 2011. It is still under consultation at the moment whether or not this will apply to organisations who employ less than 50 employees.

Additional paternity leave and pay available

• Additional paternity leave and pay allows fathers to benefit from up to 26 weeks' additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave. The new right is available to parents of children with an expected week of childbirth beginning on or after 3 April 2011.

New corporate offence of failing to prevent bribery

• The Bribery Act 2010 will introduce a corporate offence of failing to prevent bribery by persons working on behalf of a business, which comes into force in April 2011.

Maternity, paternity and adoption pay

• The standard rates of statutory maternity, paternity and adoption pay will increase from £124.88 to £128.73 per week from 3 April 2011.

Statutory sick pay

• Statutory sick pay will also increase from £79.15 to £81.60 per week from 6 April 2011.

Tax Codes are changing

• With effect from 6 April 2011 higher rate tax payers paid more than £30,000 compensation for dismissal, either by reason of redundancy or otherwise, will have to pay tax at the higher rate.

• Employers will also have to withhold income tax at rates of up to 50% when making post-termination payments to employees. Under the new rules, employers will have to change the PAYE tax code they use from BR to 0T (zero allowances) when they make a payment to a former employee. This means that taxable termination payments should have tax deducted from them at the normal rates that apply to that employee (basic, higher or additional rate).
• Other changes relating to the PAYE tax code that should be used are also being made with effect from 6th April 2011 in relation to when an employee starts work without providing a form P45, employers will have to operate code 0T so that employees will pay tax at the basic, higher and additional rate as appropriate. 
  
  

OCTOBER

Default retirement age is completely abolished

• The default retirement age will be abolished completely after a six-month transitional period, and employers will be prohibited from retiring employees in reliance on the default retirement age on or after 1 October 2011. This means removing the ability for employers to fairly dismiss employees who have reached the age of 65. At the moment, provided that an employer goes through a proper process by giving at least six months but not more than 12 months’ notice of their intention to retire employees who have reached 65 and offer them the right to be considered for an extension and go through an appeal process if the employer says no, then there can be no claim for unfair dismissal or for age discrimination.

• With effect from 1 October 2011 dismissal for retirement will no longer be a fair reason for dismissal. The Government says that termination should be through either discussion or capability.

• This means that the last date to safely dismiss by reason of retirement is 30 March 2011.

• In our February newsletter we will provide you with guidelines on how to prepare for this.

New rules on equal treatment for agency workers

• The Agency Workers Regulations 2010 will entitle agency workers to equal treatment on basic employment conditions after 12 calendar weeks in a given job, including pay and holidays, from 1 October 2011.

National minimum wage may rise

• The national minimum wage may rise on 1 October 2011, subject to the prevailing economic conditions and the Low Pay Commission's recommendations to be delivered to the Government in February 2011.

A SUMMARY OF CONSULTATIONS STILL OPEN IN 2011

Withdrawal of legal aid for employment claims

• The Government is consulting on proposals to remove legal aid for most employment claims in England and Wales.
• Consideration is also been given to a possible increase in the one year qualifying period for unfair dismissal claims.

Reform of the PAYE system

• The Government is consulting on the reform of the PAYE system. It is introducing "real time information", a scheme that will enable HM Revenue and Customs to collect information about tax and other deductions each time an employer pays its employees.

Look out early February for our next newsletter where we will provide you with some urgent guidelines on how to prepare for the “Abolition of the Default Retirement Age.”

If you have any questions about this or any tips you would be happy to share, please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/

PEOPLE BUSINESS HR NEW YEAR RESOLUTIONS

1 A kick off meeting/regular communication

People appreciate knowing what’s going on in their Company and being part of a team. A kick off meeting to

start the New Year will focus everyone for the year ahead; identify successes which show you appreciate

their efforts and highlight where the business needs to improve.

Carrying messages through from the kick off meeting to regular team meetings or regular newsletters will

keep your employees informed of progress and help to build teamwork.

2 Setting targets

Most people tend to perform better when they have targets to work towards. This helps to drive them

forward and keep them motivated and, if they achieve it, can have a significant effect on self confidence.

It is essential, that targets are realistic as well as challenging. An employee who works as hard as they can

for a target that is increasingly unreachable will become de-motivated and may end up under performing.

Key factors to help employees meet their targets:

Have a plan and break it down into small, manageable steps with regular milestones to track andUpgrade your mindset to increase your odds of success by repeating positive affirmations. If you areBuild in support and accountability by setting up a support system in advance so that if and whenBe ready for setbacks; think through setbacks ahead of time and decide how you will deal with them.

3 Training

Do you have the right people in the right jobs? Are managers ready to lead their teams to business success?

It is possible to train a workforce to become more motivated. By showing them how to break down

challenges into achievable tasks and using instruction and demonstration, your teams should feel less fearful

of future tasks and projects, more able to cope and more motivated. Various types of training can take place

either in the workplace or outside of it.

4 Company awards/incentives

If you don't already have them you could introduce company awards. These can be weekly, monthly,

quarterly and annually, and don't need to cost a fortune. Just to be awarded salesperson of the month, and

to receive a token bottle of wine, for example, will motivate people and encourage performance.

You may not be able to offer big bonuses, but you can implement things such as letting employees leave

work early on Fridays, giving them their birthday off or giving a top performer a month of free lunches.

5 Add some fun

You could use theme days, for example a dress for fun Friday, competitions with prizes or staff off-work

time together such as after work barbecues or a few drinks. Get everyone involved to encourage employees

to get to know each other and build rapport.

6 It’s good to talk

Personal support is completely free and can make a huge difference to motivation. Ensure each employee

has a mentor that they can learn from or someone they can speak to at any time for advice and support.

7 It’s all about me, me, me!

How well do you know your workforce?

Recognising different personalities gives you a better understanding of your staff. Take the time and effort

to understand their needs and try to fulfil them. Some people need regular advice and reassurance that

they are doing a good job; others prefer to be left alone to work independently.

8 Keep on your toes

Can you respond quickly to changing circumstances and business objectives?

Developing a "change is normal" attitude helps you respond quickly to changing circumstances and

objectives. Make it a habit to look for changes that may be a developing trend. Then try to determine how

this trend may impact the growth of your business. The best solution to a problem is found when it is caught

early and your have time to carefully work out your response.

9 Supporting employees through change

Can you actively support your employees through these changing times?

Resistance to change comes from fear of the unknown or an expectation of loss. An individual's degree of

resistance to change is determined by whether they perceive the change as good or bad, and how severe

they expect the impact of the change to be on them. Define the change for the employee in as much detail

and as early as you can and provide updates as things develop and become clearer. Determine the reasons

for their reluctance and help individuals reduce their resistance to a minimal, manageable level.

By engaging with employees and investing time and resources to foster a happy and motivated workforce,

businesses will benefit from greater productivity and talent that, if managed correctly, could see them

through the recovery.

So that just leaves us to wish you a happy and prosperous New Year for 2011!

If you have any questions about this or any tips you would be happy to share, please email us at

julie.ware@peoplebusiness.co.uk

blogspot.com/, call us on 01932 874944 or respond at http://peopleinsight.

Motivating your staff for the year ahead

It’s that time of year when we reflect on the past and revise our goals for the future.

2010 was a challenging year for all businesses. The recession and economic uncertainty saw many companies

going through the difficult process of downsizing or restructuring and staff motivation often reaching an all

time low.

A new year can to a certain extent create a sense of a “new beginning” by shedding the problems of the past

and looking forward to the successes of the future. Why not take advantage of this sense of “new year” in a

way that will motivate your staff to accomplish more in 2011? Here are some suggestions:

Christmas Party Advice

Christmas party season is here again.  Whilst these are always fun for your employees sometimes they can get a bit out of hand and leave you the employer with more than just a headache!

With more and more employment legislation to be aware of in terms of protection for the employees’ employers may need to rethink their approach to the traditional Christmas party to protect themselves from potential tribunal claims. 

Even though the party might be held out of work hours if it is work organised then we are all still bound by the expectations of conduct that would normally be in place.  It is still the employer’s responsibility to ensure as far as possible your staff’s safety and well being.

It’s also not just legislation to think of, it’s the credibility and reputation of your Company locally.

You might think people at law firms would know better. Apparently not...

In a recent case before the Employment Appeal Tribunal in London, a female employee of a law firm in Suffolk claimed that gossip about her pregnancy following the firm's Christmas party in 2007 constituted sex discrimination.

The claimant, worked at the Ipswich branch of a Solicitors. In early December 2007 she was  in a relationship with a solicitor at the firm. She was pregnant by him, leading to the birth of their son in September 2008.

By the time of the firm's Christmas party on 22 December, however, she did not know this.

She got very drunk at the party and people noticed her "flirtatiously kissing" the firm's IT manager. The couple left the party together and secured a hotel room (paid for by the firm) where, according to the IT Manager, they retired and had "unprotected sex".

Fast forward a few weeks and the female employee told her employer that she was pregnant. Within an hour, the firm's HR manager began gossiping and spreading rumours about her pregnancy and about the father of the child.

Predictably, the female employee was very upset and embarrassed by the gossip, and asked if she could transfer to the firm's other office in Kesgrave. The firm's managing partners rejected the request.

The female employee decided she could no longer work alongside the HR Manager and filed a formal grievance. She said the firm had allowed the HR Manager to spread rumours about her "without any form of reprimand or disciplinary action". She also complained that her relocation request was refused seemingly without consideration.

Because of her absence from the workplace, she was not paid for the month of February. In March, she resigned and commenced legal action for constructive unfair dismissal, sex discrimination, discrimination on the grounds of pregnancy, and harassment.

At first instance, the tribunal dismissed her claims for discrimination and harassment. It upheld her claim for constructive unfair dismissal.

On appeal, the office gossip was adjudged to be "unwanted" and "caused the female employee embarrassment and upset" and, therefore, amounted to harassment on the grounds of pregnancy and sex.

So if even a law firm can get it wrong perhaps the guarantee to avoiding any HR issues is not to have a party at all. Reports suggest that many companies no longer have Christmas parties to avoid potential tribunal claims. But this is hardly the festive spirit is it?

So instead of saying “bah! Humbug!” and cancelling everything, follow our tips below to help get you through the party season unscathed:

·         Make clear what behaviour is acceptable. Whilst you are not going to discipline staff for getting a little tipsy, fighting, being abusive or bringing the Company into disrepute would be taken very seriously

·         Sexual harassment is an obvious risk.  Company Diversity policies and training should make it clear that inappropriate behaviour or comments will not be tolerated.  Consider refresher training or a timely note prior to the festive celebrations.

·         If any such allegations are made during or after the event, the key thing to remember is to follow your usual disciplinary process and ensure that any complaint is investigated thoroughly before any action is taken.  Do not be tempted to discipline employees at the party itself.  Send the employee(s) home, if appropriate, and deal with the incident when you are back at the office and sober.

·         Think carefully about the entertainment you choose to ensure it is not offensive

·         Think about how you can avoid absenteeism on the following morning.  Perhaps you could provide breakfast to encourage staff to come in on time.  Or maybe staff can draw lots for staggered start times.

·         Limit the amount of free alcohol you provide, maybe issue 3 vouchers for alcoholic drinks and then unlimited soft drinks

·         Keep an eye out for employees under 18, they are not allowed alcohol under law

·         Have a Senior Manager present who volunteers not to drink and can monitor events and intervene if things start to get out of hand

·         Limit your own alcohol intake; you don’t want to be offering pay rises or promotions!

·         Provide food regularly, maybe cakes in the afternoon followed by a buffet or meal later in the day. Check beforehand any special dietary requirements, remember some religions do not allow certain foods

·         Do not let employees drive home drunk. Suggest a finish time for the event and ask staff to plan their journeys home and order taxis in advance.

Remember that a well- managed Christmas party can provide a significant boost to staff morale and loyalty, which for many businesses could be invaluable after what has been a difficult financial year.

So that just leaves us to wish you a happy festive season if you celebrate Christmas and to everyone a well deserved break and a prosperous 2011!

If you have any questions about this or any tips you would be happy to share, please email us at julie.ware@peoplebusiness.co.uk or call us on 01932 874944 or respond at http://people-insight.blogspot.com/