Celebrating Religious Festivals

Christmas continues to be a significant religious festival for many people in the UK and it is normal practice for many employers to display Christmas decorations in the workplace and to forward Christmas cards and emails to employees and customers during the festive period.

Christmas is coming…

Christmas continues to be a significant religious festival for many people in the UK and it is normal practice for many employers to display Christmas decorations in the workplace and to forward Christmas cards and emails to employees and customers during the festive period. As there are a number of public holidays during the festive season, many employers will be deciding to close their operations for these days, or perhaps for a longer period.  An extended Christmas closedown could be seen to indirectly discriminate on the grounds of religion or belief, so employers must be clear as to the reasons why it is necessary to have such a closure.  This may include cost savings where the majority of staff wish to take holiday and costs can be saved by closing the operation down completely.

The Law

The Employment Equality (Religion and Belief) Regulations came into force in December 2003.  These Regulations make it unlawful for employers to discriminate on the grounds of religion and belief.

According to the Employment Tribunal service, claims of discrimination on the grounds of religion and belief have increased continually since 2003 with an increase of over 50% in 2005/6 compared with the previous year and a further 33% increase in 2006/7.

The Employers Forum on Belief

The Employers Forum on Belief (EFB) was founded in 2004 and is made up of an informal network of employers ranging from the Department of Business, Innovation and Skills to Barclays, Sainsbury’s and West Midlands Police.

The forum offers employers practical guidance and shares good practice employment law advice on issues such as religious holidays, dress codes and conflict in the workplace.  It is not affiliated to any religious group or philosophical belief and is concerned with employment matters as a whole that affect both the employer and employees.                    
       
The EFB advise employers that there is no need to put a stop to celebrating Christmas for fear of offending minority faiths. Guidance offered in a 5-page Guide includes putting up seasonal decorations in the workplace, rather than religious ones, and offering an alternative to the traditional Christmas menu to accommodate people who may have different diets.

Their advice to employers that are unable to shut down over the Christmas period, such as the emergency services, is that they should not worry about making Christians come in to work, since employment tribunals have dismissed the idea that Christians have any privilege to take time off for religious reasons.

Conclusion

At this time of year, employers may face a dilemma if those with non-Christian beliefs object to celebrating Christmas in preference to their own religious festivals.

As society changes it is open to question as to whether the Christmas festivities may offend or alienate minorities for whom Christmas is of little or no importance.  Non-Christians may feel disadvantaged if all staff are required to take time off work over the festive period, since some may wish to utilise holiday to participate in their own religious festivals.

Unless Christian values are an intrinsic part of an organisation’s ethos, employers may wish to examine using secular language for Christmas greetings and consult with employees more generally on appropriate ways to mark and celebrate festivals of importance to other religions.