Using a KIT day for Christmas Lunch

I have 2 employees currently on OML and they have both been invited to attend the company Christmas Lunch. One of them has asked whether this can be counted as a KIT day. The lunch will last longer than the normal 1 hour and in all honesty will likely take up the rest of the afternoon. I have spoken to ACAS for advice but there is no definitive answer on this one.

You could say that the point of inviting them to the lunch is to 'keep in touch' with the rest of the company. However there will be no actual 'work' completed in this time.

Has anyone else been in this situation and what did you do?


  • Keith

    | 10224 Posts

    Chartered Fellow

    19 Nov, 2013 11:25


    What do you think the right thing to do is?


  • Steve Bridger

    | 7084 Posts

    Community Manager

    19 Nov, 2013 12:06

    This is about motivation IMHO. My naive response is that assuming you agreed how many KIT days she would work - let's call it 10 - then if I liked my job and got on with my colleagues, I'd probably *want* to be at this lunch and would make the effort in my own time (if I lived locally and could make arrangements in time, etc.). The lunch is paid for by the company, I assume.

    is the other employee happy to do this?

  • The point of KIT days from the DWP:

    "KIT days are intended to help you keep in touch with your workplace and allow you to do some work during your Maternity Pay Period without affecting your SMP."


    So the point is keeping in touch but doing so by undertaking some work.  They can be used for attending meetings etc, but I'm afraid a Christmas lunch would not count for me. 

  • Ruth

    Personally I would invite them in  for some work in morning and off for lunch gives EE's to catch up with work colleagues.

    It is Xmas!



  • Robey

    | 1419 Posts

    Chartered Member

    19 Nov, 2013 13:52

    The question I would ask is "how is the lunch being treated for the other employees attending?"

    If it is being counted as work time then it should also count as a KIT day.  If it is being treated as a break or personal time, then it should not.


  • Hi Ruth, welcome to the communities!  How about spending part of the morning doing a review of the year - highlights, lows, achievements, progression so far - and/or looking ahead to 2014 with the team or colleagues your lades work with, before going off to lunch?  This could also be used as an opportunity for individuals to practice their presentation skills and make this a learning experience, does that sound feasible?  I would also agree that the lunch in itself wouldn't count as a KIT day so with a little imagination you may get around this problem.  :-)
  • Pauline

    | 10 Posts

    Chartered Member

    20 Nov, 2013 12:01

    Robey, I think you gave the correct answer, the employee should be treated as the other employees are treated, if they are given the time then she should be given the time as a KIT. I have paid for just the hours incurred before and not a full day .

  • Keith

    | 10224 Posts

    Chartered Fellow

    20 Nov, 2013 17:24

    There is no correct answer :-) 
  • David

    | 20418 Posts

    Chartered Member

    20 Nov, 2013 18:15

    But, Robey, can't see any linkage between whether it is or isn't being counted as paid working time for the staff not on ML.

    The reason being that even if the rest of the staff  *are* getting paid, the woman isn't, simply  because 'remuneration' stops during ML. If the employer was daft or miserable enough to disallow someone on ML from attending the Lunch, then this would be discriminatory, ie, it's withholding more than 'remuneation' just because she's on maternity leave.

    BUT, KIT days allow both limited remuneration alongside ML, BUT both the amount of remuneration AND the nature of the 'work' it attaches-to are at the EMPLOYER'S sole discretion and personally I'd regard it as a rather cheeky and opportunist request to get paid extra just for scoffing a free lunch, generously supplied in normal working hours by the employer and I'd tell her to go buy herself a KIT-KAT instead........




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