There are many traditions and practices that form part of our seasonal festivities that are fraught with potential claims for employers. For example, secret Santa, the Christmas party, Christmas gifts and bonuses to name but a few.

Equality means treating everyone fairly and equally and not singling out anyone or treating anyone less favourable. You don’t have to cancel Christmas because not all of your staff are Christian but you do need to be aware that different religious groups may have different religious views and may not want to participate.

Here’s a handy check list highlighting a number of ways to stay on the right side of the Equality Act this Christmas:

·         Remind staff before the seasonal festivities start of your equal opportunities policy and how as an organisation you don’t tolerate discrimination or bullying or harassment of any kind. This will set the scene, help promote responsible revelry and make it easier to enforce your policy should you need to.

·         Don’t allow staff to drink and drive after a Christmas lunch or Christmas party, lay on taxis, promote car sharing with non drinkers or lay on a coach. Certainly make staff aware that they must make arrangements to get home and not to drink drive. 

·         Make staff aware that this is still a work function and as such you still expect your usual standards of performance. Bottom pinching and the like often gives rise to New Year grievances and potential claims so don’t laugh it off – stop it happening and deal with it quickly and robustly if it does.

·         The morning after the Christmas party is just as likely to give rise to possible drink driving issues so hold the party on a Friday or a weekend.

·         To avoid age discrimination issues provide varied entertainment – music of one genre or decade may offend other age ranges of employees so don’t play all gangster rap or all Max Bygraves!

·         Provide varied food so as not to offend or isolate anyone. For example some religious groups do not eat particular foods. Provide a mixture of soft drinks as well as alcohol at any event for the same reason. 

·         Don’t lay on potentially offensive entertainment – there was a big case a few years ago where Bernard Manning offended at an office party. Lap dancing clubs and the like are a definite No No as are chocolate willies or a phallic ice sculpture as a big city law firm found out to its detriment!

·         Be careful of seasonal day time lunches – you are liable for your employees actions and for their health and safety if they come back to work and are rude to customers/clients/colleagues. Also if they have had one too many be wary of their health and safety in the office – accidents are all too common under the influence of alcohol. For example, is your water cooler next to your photocopier – a fall onto that could result in electrocution and possible corporate manslaughter! Limit the amount of alcohol available, hold the event later in the day so there is no requirement to return to work or hold the event at night. Again remind staff of your standards and that if anyone is under the influence at work they will be sent home without pay for the remainder of the day!

·         Don’t give all your staff a bottle of wine or champagne at Christmas without giving some thought to it and certainly don’t let them drink the alcohol in the office. Are some of your staff Muslim and so don’t drink alcohol and could be offended by such a gift. Instead ask if anyone would prefer chocolates to wine this year – by giving a choice you can negate any potential discrimination. If you give staff a Christmas turkey this could discriminate against Rastafarians who don’t eat turkey! Just think your choice of gift through and offer a choice. 

·         Secret Santa is an age old tradition where staff all agree to buy a small anonymous gift for a colleague and who buys for who is decided by pulling names from a hat. Firstly, give staff a choice if they wish to participate, remind staff not to give offensive gifts – one persons humour may be another’s humiliation!

·         Don’t just remove Christmas bonuses; it may be a contractual term and give rise to breach of contract/potential constructive dismissal claims. Even if it’s not in the contract, if you have always paid a bonus or a definable or set amount this is likely to be an incorporated contractual term via custom and practice.

·         Last but by no means definitively, respect that not everyone celebrates Christmas, respect their choice and their religious festivals and do not allow them to be bullied, teased or ostracised by colleagues for not joining in!        

Seasonal greetings and happy holidays everyone!!

For details of this or any other employment law issue contact Natalie Roach, Beechwood Solicitors 01865 883344 – Natalie@beechwoodsolicitors.com.