New regulations means Christmas scare stories getting closer to reality

Scare stories about how companies will have to cancel Christmas because of religious discrimination regulations are getting closer to the truth, warns Consult GEE a leading provider of employment and HR advisory services.

The amended Employment Equality (Religion or Belief) Regulations 2003, which came into force in April this year, broadened the scope of what beliefs are protected, going beyond religion to include protection of philosophical beliefs.

Consult GEE warn that this could provide employers planning the Christmas parties with a bigger headache than usual and expose them to a greater threat of discrimination claims, with even those who reject religious beliefs now able to bring a claim.

Stuart Chamberlain, employment law expert at Consult GEE, says: ìI know lawyers make a living from scaring employers over the legal risks of Christmas parties, but the new regulations have created a problem. Get it wrong and an employer could face an expensive claim.î

ìThese new regulations are largely untested but the potential is certainly there for claims to be brought.î

Consult GEE advise businesses to take simple steps to avoid the risk of discrimination claims at Christmas:

Make employees aware that they can opt out of signing corporate Christmas cards, going to the Christmas party or participating in gift giving games like ìSecret Santaî

Make sure that there are range of foods and non-alcoholic drinks available at any Christmas parties for staff of different religions and vegetarians. Raffle prizes and gifts to staff should also be chosen with some sensitivity.

Avoid Christmas decorations that are too overtly religious.

Consider having the staff Christmas party on any evening other than a Friday night as this could prevent Jewish members of staff attending.

If you give staff time off work to go Christmas shopping or to come in late during the Christmas party seasons, employers should show similar flexibility during the major celebrations of other religions, for example Eid for Muslims or Yom Kippur for Jewish staff.

Stuart Chamberlain says: ìCrazy as it may seem, it would not be impossible for vegetarians and those who reject religion to try and bring a claim under the new regulations if they feel excluded, as it is beliefs and not just religions which are protected under the regulations.î

ìWhether they would succeed is not clear cut, but the costs of fighting a claim are worth avoiding.î

Consult GEE point out that even the presence of alcohol at the Christmas work party could lead to an indirect discrimination claim.

Stuart Chamberlain says: ìFaiths which practice an alcohol-free lifestyle might find it harder to be viewed as one of the ìteamî during the Christmas party and client entertaining season as drinking is often a central feature. If an employee does become marginalized in this way they may feel that this is one of the reasons why they are passed over for promotion or bonuses.î