Your festive HR questions, answered

'Tis the season to be jolly! But whilst most people are dreaming of mince pies, mulled wine and a well-earned Christmas break, dental practice owners and managers may find themselves facing a rather different Christmas list: annual leave disputes, staffing shortages, sickness absence and the occasional Christmas party mishap.

Unfortunately, employment law doesn't take a holiday over the festive period. So, before you hang up your scrubs and reach for the Quality Street, we answer some of the most common festive HR questions.

Can I refuse an employee's request for annual leave over Christmas?

Yes, provided you have a legitimate business reason and comply with the Working Time Regulations 1998 and any contractual requirements.

Christmas is understandably a popular time for annual leave, but dental practices still need adequate staffing levels to operate safely.

You are not legally required to approve every holiday request, even if an employee has already booked flights to Lapland!

Employers can refuse particular leave dates, but must still allow employees to take their statutory holiday entitlement. The statutory notice requirements should also be observed unless a relevant agreement provides otherwise.

My advice? Establish a clear, fair holiday policy and encourage employees to submit requests early. Applying a consistent approach can help avoid accusations of favouritism.

Do I have to give employees Christmas Day, Boxing Day and New Year's Day off?

Surprisingly, there is no automatic statutory right to take bank holidays as paid leave.

Full-time employees are generally entitled to 5.6 weeks' statutory paid annual leave, which can include bank holidays.

Whether employees are entitled to specific bank holidays off depends on their employment contracts.

For practices that close over Christmas, employers should ensure their contracts and holiday policies clearly explain whether closure days are deducted from annual leave entitlement.

Remember, if you require employees to take annual leave during a Christmas shutdown, appropriate notice must usually be given.

Am I legally required to pay a Christmas bonus?

Not necessarily!

Whilst a Christmas bonus may be a lovely way to thank your team for their hard work, there is generally no statutory obligation to provide one.

However, the position may be different if a bonus is expressly included in an employee's contract or has become an implied contractual entitlement through established custom and practice.

Even where a bonus is discretionary, employers must exercise that discretion lawfully and without discrimination.

Before promising everyone a little something extra in their Christmas stocking, check your contractual obligations.

After all, nobody wants their festive generosity to become a contractual dispute in January!

What if an employee calls in sick during the Christmas period?

The timing might raise an eyebrow, particularly if the employee's annual leave request was previously refused, but employers should avoid jumping to conclusions.

Employees who are genuinely unwell remain entitled to the protections afforded by employment law.

Normal sickness reporting procedures should apply, and statutory sick pay must be considered where the relevant eligibility requirements are met.

If you have reasonable grounds to suspect that an employee is dishonestly reporting sickness, you can investigate the circumstances and, where appropriate, follow your disciplinary procedure.

However, suspicion alone is not evidence of misconduct.

A fair and consistent approach is essential, even when your practice is operating with a skeleton team.

Can I require employees to work additional hours during the festive period?

Christmas can be particularly challenging for dental practices, especially when employees are taking annual leave and emergency appointments continue to come in.

However, employers cannot simply assume that employees must work additional hours whenever the practice is short-staffed.

Whether overtime can be required will depend on the employment contract and the circumstances.

Employers must also comply with working time legislation, including applicable rest breaks and daily and weekly rest requirements.

The general 48-hour average weekly working time limit must also be considered unless the employee has validly opted out.

Remember, goodwill works both ways. Employees who feel their personal commitments are respected are often more willing to help when the practice needs additional support.

What if an employee refuses to attend the Christmas party?

Don't take it personally!

Whilst Christmas parties are a wonderful opportunity to reward employees and boost morale, attendance at a social event should generally be voluntary.

Employees may have religious, family or personal reasons for not attending.

Employers should avoid pressuring employees to participate and ensure celebrations are inclusive.

And remember, if your Christmas party is organised by the practice, inappropriate behaviour at the event could still have employment law consequences.

Employers have had a proactive duty to prevent sexual harassment since October 2024. This was strengthened on 30th October 2026, requiring employers to take all reasonable steps.

So, whilst a glass of prosecco and some questionable dancing may be perfectly acceptable, inappropriate comments and unwanted advances certainly are not!

Any final festive advice?

Christmas should be a time to celebrate, not a season of grievances, disciplinary hearings and Employment Tribunal claims.

The key to avoiding festive HR headaches is preparation. Review your employment contracts, communicate holiday arrangements early, apply policies consistently and ensure employees understand what is expected of them.

A little planning now could save you a considerable headache in the New Year.

Feel supported this festive season

If you’d welcome guidance on holiday arrangements, sickness absence or your team celebration, our Oracle HR & Employment Law Service provides practical advice tailored to your practice.

We can also help you put a Christmas party conduct policy in place before the festivities begin.

Call 0330 088 2275 or email info@buxtoncoates.com to discuss what you need.