Celebrating Christmas & Discrimination Claims

Does Celebrating Christmas in the Work Place Leave Employers Open to Discrimination Claims?

Discrimination on the grounds of religion

Direct discrimination, indirect discrimination, discrimination by way of victimisation or harassment because of any religion, religious belief or philosophical belief is prohibited in the work place.

Concerns have recently been raised in the press about how Christmas office policies, traditions and celebrations may amount to indirect discrimination on the grounds detailed above, in particular indirect discrimination.

Why might Christmas amount to indirect discrimination?

Indirect discrimination occurs when selection criteria, policies, employment rules or any other practices that are on the face of matters unrelated to religion, but have the effect of disadvantaging employees or job applicants of a particular religion or belief, are applied unless the employer can show that they are justified.

The example used by the press in recent days, has been enforcing annual leave to be taken over the Christmas period. It has been argued that this may disadvantage non Christians as they are forced to use up there annual leave at this time.

Of course employers should note that there is no automatic right to time off over the Christmas period, with the exception of shop workers working in shops with a square foot in excess of 280 square foot.

It is therefore advised that employers think carefully about their Christmas policies and how any such policies are both implemented and communicated to employees.

What to do to avoid Christmas discrimination claims?

• If the office has to close over the Christmas period, explain clearly to all staff the benefits to the business of closing over this period which are not related to the religious period e.g. that it is financially sensible to close.
• If there is no business requirement to shut over Christmas, consider allowing employees to take their annual leave at other times of the year if they request to.
• If decorating the office, use seasonal decorations instead of religious ones i.e. tinsel instead of a nativity scene.
• Use seasonal rather than religious Christmas cards.
• It has also been suggested that employers play down the religious aspect of Christmas and focus on the fact that it is a mid winter celebration.