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CHRISTMAS IS COMING...
This year is a little unusual (and probably very much appreciated) as Christmas Day falls on a Saturday. Consequently, the following Monday and Tuesday are also holi- days in lieu of the bank holiday for Christmas Day and Boxing Day. If your plans for Christmas and New Year include the issue of Temporary Event Notices to cover special events you have planned or to extend your hours, now is the time to start preparing their issue.
What are the important dates this year?
Below is a table which identifies the last date for receipt of a Temporary Event Notice by the Licensing Authority to ensure that the Temporary Event Notice will be accepted.
While this is only a guide, how- ever, I would encourage you to issue your Temporary Event Notices as soon as you have decided what you want to do on the selected dates as Licensing Authorities may not be able to cope in the run-up to Christmas.
Don’t forget that you will need to send two copies of the notice to the Licensing Authority and a further copy to the Police Licensing Officer. Don’t forget that you will need to send two copies of the notice to the Licensing Authority and a further copy to the Police Licensing Officer.
Employing temporary staff over the Christmas/New Year holiday gives you the opportunity of having a break to enjoy some much needed time with your family. If those extra staff are going to be used behind the bar, it is important that they understand their responsibilities with respect to the supply of alcohol to members and guests.
While everyone wants to enjoy the festive season, however, festive drinking can not only lead to a bad head the next day, but also prob- lems for your staff if they are serv-ing people who should really not have any more of the festive spirit. A discreet word in everyone’s ear before the beginning of the shift can avoid embarrassment and sanction later on and should assist in ensur- ing that everybody enjoys this fes- tive season of 2010.
While prevention of sales of alcohol to underage persons should never be far from your thoughts, at times like Christmas and New Year particular vigilance is necessary. Do not be the club who gets a Christmas present of a failed test purchase and potentially the other sanctions which inevitably follow. And finally, a few myths about Christmas which employees may have concerning you and their obligations:
“My employer will be liable for per- sonal injury if I fall over at the Christmas party” All employers are under a duty to take reasonable care of the health & safety of their employees, which will include an assessment of and removal of risk. However, this duty might not cover injury sustained through employees who have indulged overly in Christmas spirit and as a result sustain injuries which could not be foreseen. “I am allowed to come in late after the Christmas party because of my hangover”
Employers may overlook the late- ness because of the festive season, however, staff who arrive late are technically in breach of their employment contract. The employer should react in a rea- sonable manner and may only require that the latecomer make up the time at some point.
“If I over indulge in alcohol provided at the works Christmas do I cannot be sacked” Generally, those over indulging will regret significantly their actions (if they can remember) and may wish to apologise profusely to everyone after they have recovered from their embarrassment. However, over indul- gence is no defence and ultimately everyone is responsible for the way that they behave either with or with- out alcohol. The employer is proba- bly going to want to look at the individual’s behaviour in the round and may also wish to look at the individual’s past disciplinary record before taking any action.
As a responsible employer, how- ever, you have a duty to ensure tha those staff who have over-indulged are advised that they should cease drinking for their own good. While we do hope that everyone has a very enjoyable festive season, if you are unsure of your responsibili- ties with respect to your employees please do not hesitate to contac Poppleston Allen’s Employment Law Helpline telephone number 0115 989 5267 for further information.
Merry Christmas and Happy New Year to all our readers!
If in reality this informal approach does not work then follow your policy. Make it clear to your member of staff that they are in breach of the policy and instigate the disciplinary process.
What society defines as ‘acceptable’ changes, so keep the policy under review. Requiring men to wear ties but not women, is likely to be discrimination, but would not have been in the past. Not allowing women to wear trousers could also amount to discrimination.
If the sun is shining and you allow women to wear strappy vests or open toe footwear then you should consider comparable rules for the men, ie short sleeved shirts, smart plain T shirts and sandals.
