11th December 2021

Employment Law Advent Calendar: Day 11

It’s the 11th of December and you’re just in the (Saint) Nick of time to find out who or what is behind door number 11 of my Employment Law Advent Calen-deer to help employers avoid a ‘Blue Christmas’.

It’s a closed sign.

Any employer shutting down for a short period over the festive period hopefully shared the good news with their employees earlier this year and explained the number of holidays they needed to save for the Christmas closure.

However, if this is a spontaneous decision an employer has only recently taken, or might yet take in the countdown to Christmas, there are two things that an employer can do:

  1. If its employees have enough holidays left to cover the Christmas closure, an employer can simply give notice of the closure that is double the length of the number of days holiday the employees will be required to take e.g. a four day closure requires eight days’ notice. However, if any employee has run out of holidays for the year they can’t be forced to take unpaid leave or bring forward holiday entitlement from the next holiday year.
  2. Gift its employees the days off. Effectively, the employer is increasing the holiday entitlement but it’s important to make it clear that it doesn’t mean there will be an increase the following year (or any other year) and the holidays can’t be taken at any other time. For those employees where the Christmas Closure coincides with pre-booked holidays, the gifted holidays can be carried forward but it can helpful to explain that they must be taken within, say, the first three months of the following holiday year.

Make sure you elf a merry little Christmas and contact a member of the Blackadders Employment Team working in Aberdeen, Dundee, Edinburgh, Glasgow, Perth and across Scotland for help and advice.

Donna Reynolds, Partner
Accredited by the Law Society of Scotland as a Specialist in Employment Law & Discrimination Law
Employment Law
Blackadders LLP

@EmpLawyerDonna

www.blackadders.co.uk 

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