It’s a busy time of year for many employers in the run up to Christmas. Companies are recruiting staff, contractors are managing demand, employees are trying to book time off over the festive break, the Christmas office party has been arranged, and it often falls upon the person responsible for HR and Employee related matters to coordinate all of the above and much more!
So, with this in mind, we have prepared this short seasonal employment law quiz to test your knowledge about some of the scenarios you might find yourself facing and to also provide our advice in the answers.
All you need to do is work through the following eight questions, make a note of your answers and then click on the link at the bottom to see how many you have got right.
Question 1
During the busy Christmas period, Santa tends to hire more elves to help him deal with the increase in toy making at the North Pole.
Last year, a number of elves hired by Santa were off work sick; as a result, Santa nearly missed his deadline to deliver all the presents on time.
This year, Santa wants to ensure that this situation doesn’t happen again. He wants to ask the elves how many days they have been off work sick in the last year in order to sift through those pretending to be sick. Santa also wants any potential elves to answer medical questions when applying for their role.
Is Santa able to request this information?
A. Yes – Santa is merely protecting his business from individuals who would potentially take too much sick leave or pretend to be sick to take time off work.
B. No – Santa risks the possibilities of claims being raised.
Question 2
One of Santa’s longest serving elves, Cindy Loo, has been spending time with the Grinch during and outside of work. Santa fears that the Grinch will be a bad influence over Cindy Loo and worries that her performance at work will drop. Santa does nothing in this instance.
In preparation for Santa’s Christmas Day delivery, all the elves were busy helping Santa pack his sleigh. Just before Santa was to leave, he heard a noise from the back of the sleigh and caught Cindy Loo, trying to take one of the presents – he knew he should have had an informal chat with Cindy Loo about the Grinch last week.
What should Santa do about Cindy Loo?
A. Dismiss Cindy Loo there and then; she has been caught red-handed by Santa.
B. Although Santa has caught Cindy Loo attempting to steal a present, Santa should follow the investigation and disciplinary procedure set out in the staff handbook. Santa should not decide to terminate Cindy Loo’s employment until the process has been followed.
Question 3
Kate is on a night out along with several colleagues including Kevin, Harry, Marv and Heather. At the end of the evening, Kate was approached by Marv, Senior Manager of Toy Operations who asked Kate whether she wanted to have a kiss under the mistletoe and to come back to his for a night cap.
Kate felt very awkward and offended; Marv knew that Kate was married. Kate declined the proposition and left the party immediately. When Kate left she heard Marv mumble an insult under his breathe.
The day after the party Kate felt very upset about what had happened, not knowing what to do Kate approached Santa to discuss Marv’s behaviour.
What should Santa do following Kate’s complaint about Marv’s behaviour?
A. Do nothing – Marv was clearly just having a bit of ‘banter’.
B. Santa should start a disciplinary against Marv as a warning that he takes the matter seriously.
C. Santa should record the complaint made by Kate and investigate Marv’s conduct.
Question 4
Buddy is sick of working long hours over the Christmas period. He is also worried about his reindeer, Walter as he has to leave Walter alone in the house for long periods during the day. Buddy knew that some of the female employees, for example Emily, worked part-time and were able to leave early to collect their children from school.
Buddy decided to submit a flexible working request form to his line manager Papa Elf. The request asked if Buddy could leave work early each day to look after Walter.
Papa Elf is outraged and shows Santa the flexible working request, what can be done?
A. Santa will need to decide whether to reject or accept the request. If Santa rejects the request, he can only reject it for one of the eight prescribed business reasons.
B. Dismiss Buddy for making such a request.
C. Refuse the request, Buddy should not have made such a request, to look after his reindeer.
Question 5
For the last 3 years, Santa has had an ever-increasing workload which has led to him using consultants to help him review the ‘Naughty or Nice’ list. The consultants are allowed to take time off, but they do not receive holiday pay.
Santa decides to scale back the use of consultants and train the elves to help him review the list. He therefore decides to terminate the consultancy agreements.
Some of the consultants are now saying that they are owed money for unpaid holidays. Santa does not agree but is worried they may bring a claim at a North Pole Employment Tribunal. If Santa does owe each consultant holiday pay, he will be placed in a difficult financial position which may lead to him shutting down the toy factory.
Do you think the consultants have a claim?
A. No. Only employees are entitled to holiday pay.
B. Yes, if the consultants can show they are classed as workers, then Santa will be required to make payment for any unpaid holiday and any holiday they have been discouraged from taking because they would not have got paid.
Question 6
Santa engaged Jack as a toy maker in the North Pole factory. Jack has worked at the factory for approximately seven years under an agreement which clearly identifies him as a ‘self-employed toy maker’.
While he has worked at the North Pole factory he has been governed by the terms of the ‘North Pole Manual’ which stated:
• Staff would be expected to work a minimum of 50 hours per week during busy periods, though Santa did inform Jack that there was no guarantee of work.
• That a quota of toys would need to be made each day.
• Everyone is required to wear the toy factory’s custom uniform only.
• Jack would need to deliver toys using a factory owned reindeer and sleigh, displaying the factory logo on the side.
Jack was required to provide his own magic, materials and tools for making the toys and was unable to swap toy assignments with other elves. Jack raised invoices and personally accounted for his tax and North Pole insurance.
Jack asked if he could take a week off to attend the Frost Festival to see ‘The Mistletoes’. Santa was outraged that he requested time off during December (peak toy making season) and terminated Jack’s arrangement.
Jack is now challenging his status as a ‘self-employed toy maker’ and has brought a claim for unfair dismissal, unpaid holiday pay and unlawful deduction from wages. The North Pole Employment Tribunal have made their decision, what did they decide?
A. Jack is an employee
B. Jack is a worker
C. Jack is genuinely self-employed
Question 7
Bernard, a newly-hired employee based in Santa’s Lapland toy factory, recently attended the Lapland Festival of Street Food. At the festival, Bernard was inspired by a group of individuals led by Fred Jingle. Jingle spoke about the negative effect of consumerism and the fact that it detracted from the real reason of Christmas.
Upon his return from the Festival, Bernard began handing out leaflets trying to spread Jingle’s message. He replaced all stocking fillers with lumps of coal and oranges. Santa was less than impressed with what Bernard had done and gave Bernard his notice.
Bernard now believes that he was dismissed on grounds of discrimination, religion or belief and makes a complaint. What should Santa do?
A. No discrimination, Santa does not have to do anything – this ideology is not a ‘religion or belief’ protected by the Equality Act 2010.
B. Bernard is expected to spread joy, happiness and the spirit of Christmas when working for Santa. Bernard no longer spreads the spirit of Christmas, meaning he no longer meets a genuine occupational requirement of his job role and Santa can get rid of Bernard.
C. Bernard’s belief in this ideology does not entitle him to impose his beliefs onto his co-workers or behave in a way which would interfere with their fundamental rights.
Question 8
Dancer has just been employed as a ‘Senior Toy Maker’ at Santa’s factory. In accordance with her contract of employment, Dancer is currently on a probation period (6 months). Dancer is aware that she has work at 5am the next day and plans on having an early night. However, Dancer is convinced to go out after work with Rudolph, Blitzen and Prancer.
Dancer is up until 3am drinking mulled wine and shots of fizzy frost. Dancer wakes up to go to work and realises that she is still drunk. Dancer needs the money so decides to go to work and work her 10-hour shift.
Dancer’s line manager Vixen smells alcohol on Dancer and as she is responsible for using heavy machinery sends Dancer home. He realises that allowing Dancer to work in an intoxicated state and using heavy machinery could pose a health and safety risk to herself and other colleagues.
Vixen informs Santa of what has happened. Santa is disappointed as he has already spoken with Vixen about Dancer’s performance in work. Santa wants to dismiss Dancer. Can he do this?
A. No, he must follow a disciplinary procedure before he can dismiss Dancer. If he does not do this, Dancer will be able to bring a claim for unfair dismissal.
B. Santa should do nothing. It’s Christmas and employees are just out enjoying themsELVES.
C. Yes, Santa can dismiss Dancer without following the disciplinary procedure on the basis that she has failed her probation period.
Reveal the Answers!
Are you ready to find out how you got on? Please click here to view the answers.
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