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Situation Vacation

28 June 2011

Despite the best efforts of the good old British weather the calendar doesn’t lie, we are officially in Summertime. This is the time of year, when the weather improves, the air con is max'd to see if it still works and you are tested to ensure dress codes and sickness patterns don’t overstep the mark.

Don’t get me wrong, I love the Summer and enjoy nothing more than the thought of the annual holiday and an opportunity to re-charge the batteries but as a business owner this time of year does bring its own particular blend of HR issues.

For example here are a few typical scenarios;

1. “I want to take four weeks off this year for a once in a lifetime cruise to celebrate my 25th wedding anniversary. I know normal policy is no more than 2 weeks at any one time but this an exception.”

2. “It’s just a coincidence that I’m poorly and off work when it’s been sunny; I think I may be allergic to hot weather.”

3. “The workshop is far too hot, if you don’t provide suitable conditions I’m walking and so are the rest of the lads.”

4. “I’m calling from Sydney, the volcanic ash from the Indonesian volcano has grounded all flights for at least another week, can I take it as paid holiday even though I’ve only got 2 days holiday left?”

5. “I’ve been told I can’t take the holiday I want because it will mean we won’t have any cover in the department. We’ve already booked our 10 days in Corfu so now I’m going to be out of pocket and lose my deposit, what should I do?”

A1. Cruising anniversary – it’s your discretion but be careful about setting precedents. As this clearly looks like a one off you may look on this favourably if they have the holiday entitlement to cover it. If it’s not such an occasion but staff are insistent on taking time off a compromise may be to let them take the extra time but without pay.

A 2. Sunny day sickies – you must look at their sickness record, see if a pattern emerges and also if there’s a common cause. Usually a return to work interview and discussion on the sickness record is enough to remind staff of their obligations. Be watchful of any genuine conditions which may cause associated illness, hayfever or other allergies, such as beef, and ensure that their working environment is not contributing to the problem.


A3. What I call the “Goldilocks syndrome” of too hot or too cold can be a tricky one if your factory or office is an older building without modern climate control systems. HSE publication "Thermal Comfort in the Workplace" indicates that most people can work between 13° to 30°C.

It does of course depend on the type of activity and environment such as in a laboratory where temperatures need to be controlled or a kitchen especially during extreme weather events such as heat waves.

Contrary to popular workplace views there isn’t a firm rule for when staff can down tools. What you don’t want is a situation where your employees become unwell or likely to be harmed due to the conditions. The watch word is “reasonable”. Take reasonable actions to mitigate the conditions and be flexible with dress code and working hours, it may be better to start earlier in the day and go home mid afternoon.

A4. The ash cloud is one that has caught many employers out. Again apply discretion to each case. Genuine cases of staff trapped overseas can be disruptive for you but equally very stressful for them. Offer to be flexible, there may be an opportunity for them to catch up with some work remotely but overall be supportive. If it’s proven that they may have been able to get home sooner you can take the matter up with them on their return.

A5. Cover and mass departures of staff can be one of the hardest matters to manage. Be clear in your office policy as to what you expect and if there is a requirement for staff to check with supervisors before booking holidays then that is what they should do. It might be prudent to send a reminder of your policy to staff earlier in the year to prevent such clashes. Again you have a policy but if you can find a way to manage through it without causing the staff to be out pocket it should be considered but if they’ve overlooked a clear and well communicated policy you cannot be held liable for any financial loss.

Now, where did I put the factor 50 and my Eric Morecombe shorts, on that note I think we could all do with a quick rendition of “bring me sunshine” bon voyage….

Follow Robert Gibson on twitter @samplaw_hr on linkedIn or e-mail robertgibson@samuelphillips.co.uk