Make an Enquiry

Doncaster Office

01302 341 414 Doncaster

Sheffield Office

0114 272 1884 Sheffield

Sprotbrough Office

01302 965875 Sprotbrough

Common misconceptions that employees have at Christmas

6 December 2022

Taylor Bracewell

Common misconceptions that employees have at Christmas

Christmas isn’t only celebrated by families but by many businesses too, this may include team bonding activities or even a Christmas party. However, over the festive period, we often see a rise in the same questions being asked. 

That’s why we have listed the 4 most common questions asked by employees at Christmas:

Q: Can I be fired for getting too drunk at the work Christmas party?

A: Generally speaking you cannot be fired for simply being ‘too drunk’ but if this leads to bad behaviour (sexual harassment, discrimination) then disciplinary action can be taken against you if the event you attend is considered to be within the ‘course of employment.’

Tip for attending a Christmas party:

It’s important to remember to stay professional at all times. By this, we don’t mean being uptight but let your hair down with caution and consider your alcohol intake. Alcohol may be provided but you need to consider the impact it could have on your behaviour and employment!

Q: What are my rights as a temporary Christmas employee?

A: You are entitled to the national minimum wage, rest breaks and are protected from discrimination and whistleblowing. If your employment continues for 12 weeks or longer then you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Q: Is it a legal right to have Christmas day off?

A: There is no legal entitlement for employees to have Christmas day off unless their contract states differently. If you are a Christian, you cannot refuse for religious reasons. However, you could potentially have an indirect religious discrimination claim, if you are refused the day off.  For a claim to be successful you would need to establish that you were placed at a disadvantage as compared with someone of a different faith, or no religion. Furthermore, an employer will have a defence if they can evidence that their decision was a proportionate means of achieving a legitimate aim. 

Q: Is there a legal minimum workplace temperature?

A: There is no specific legal temperature that the workplace should not fall below but for sedentary workers, it is recommended to be no lower than 16 degrees. 

Our Employment Law Team are experts in dealing with all aspects of employment law. To speak with one of our employment team, please call them on 01302 341414 or 0114 272 1884 or fill out our online enquiry form.

We have further articles on our website relating to employment law, here are three that you may find helpful:

All of the staff here at Taylor Bracewell would like to wish you a very Merry Christmas and a Happy New Year.

Reviews and Accreditations

4.1

(213)

Google

"Absolutely brilliant. Richard supported me with a settlement agreement with my employer. From start to finish the staff were polite, made me feel comfortable and took the time to understand my needs - very fast turnaround and kept well informed at all stages. Would highly recommend Taylor Bracewell Solictors."

Avatar for Carl Chandler

Carl Chandler

6 months ago

Google

"I have recently sold my property in Liverpool and Peter Caswell at Taylor Bracewell Solicitos acted on my behalf and he was outstanding. This was a very difficult sale due to the fact that the other party's solicitors was excessive in their demand and clearly ignorant but Peter was very patient during what ended up being a long drawn out process. Peter maintained professionalism..."

Avatar for chinwe Russell

chinwe Russell

4 months ago

Google

"Really informative and clear initial call - took the time to listen to my situation, understand what was needed and answer all my questions. One small mistake in the first draft of the Will (no-one’s perfect!) but quickly rectified. Peace of mind that everything is looked after if I die."

Avatar for Nick Savage

Nick Savage

5 months ago

Google

"I want to express my sincere thanks to Peter for the fantastic job over the last 18 months. The level of professionalism, attention to detail, and clear communication throughout the process has been outstanding. Everything was handled smoothly and efficiently, making what could have been a stressful experience completely hassle-free. I will absolutely continue to use their servi..."

Avatar for Ali Hammoud

Ali Hammoud

8 months ago

Google

"Absolutely brilliant. Richard supported me with a settlement agreement with my employer. From start to finish the staff were polite, made me feel comfortable and took the time to understand my needs - very fast turnaround and kept well informed at all stages. Would highly recommend Taylor Bracewell Solictors."

Avatar for Carl Chandler

Carl Chandler

6 months ago

Google

"Emma cornell acted on behalf of 5 beneficiaries regarding a will being contested .she was brilliant from day 1 and we cannot recommend ger enough, thanks again Emma"

Avatar for Freda Lacey

Freda Lacey

3 years ago

Google

"Many thanks to Kerry and Sopie for dealing with a property sale for us. It was quite a complicated affair but was dealt with professionally from start to finish."

Avatar for Beryl Allan

Beryl Allan

4 years ago

Google

"Very professional happy with there service"

Avatar for Tim Cranswick

Tim Cranswick

3 years ago

Google

"Excellent solicitors i needed their services, they were very professional, i would recommend them."

Avatar for Risdon Woodcock

Risdon Woodcock

a year ago

Google