‘TIS THE SEASON TO BE SAVVY – LEGAL TIPS

‘Tis the season to be savvy

  • Online shopping fraud: As people continue to opt for online over in-store, people need to be mindful of their financial security. Where possible, ensure you are using retailers that you know of and trust. Try to use a credit card as you are offered more protection when it comes to online fraud: under Section 75 of the Consumer Credit Act, credit cards must provide protection for purchases above £100 and below £30,000.

  • Christmas party poopers: It is important to remember that although the Christmas party is a time to relax and celebrate your hard work throughout the year, employers can be held liable for an employee’s conduct during a party as it may be deemed to have taken part during the course of employment. Inappropriate behaviour at events such as this can result in disciplinary action and, in a worst-case scenario, dismissal.

  • Christmas bonus: Bonuses are at the discretion of the employer and are not a guarantee each year, even if they have previously been paid on a regular basis. That being said, employees are within their rights to argue that it has become contractual through custom and practice. Before raising questions about your bonus, or lack thereof, ensure you have read your contract thoroughly and have a frank conversation with your employer about the situation.

  • Mistletoe misgivings: While fraternising with a colleague may seem like a fun idea after a number of mulled wines, do not find yourself in a situation where your professional integrity is comprised. Remember that you are in an extension of your workplace and should behave accordingly.

  • Christmas Day:  Do I have to work on Christmas Day? According to the Government, which sets bank holidays, there is no automatic right for workers to have these days off as paid leave – and this includes Christmas Day. That being said, this is entirely up to the contract you agreed with your employer so be sure to know what your rights are.

  • Christmas Day pt.2: Can I get extra pay for working on Christmas Day? Similarly, to the earlier stated point, as there is no automatic right to not work on public holidays it is at your employer’s discretion whether they pay you overtime.

  • Snowed under: Should we end up with a white Christmas, it is important to understand what the implications for you being unable to attend work are. If you cannot get to work due to the weather, your employer does not still have to pay you with the only exception being where the employer provides the transport. If your workplace is closed, your employer has to pay you. It is important to remember you should never travel in the instance where it is unsafe to do so. Most employers will be receptive to a compromise of working from home where possible.

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