The Christmas season can throw up a number of tricky issues for businesses. These range from arranging a party to managing holiday requests, bearing in mind that the Christmas period includes a number of bank holidays, and deciding whether or not to pay staff a Christmas bonus. As the festive period approaches, we provide an overview of your obligations and arms you with the answers to some of the trickier questions, to help keep you out of the tribunals!

 Can I still hold a Christmas party if some of my employees belong to religions other than Christianity?

Yes. It is unlikely that an employment tribunal would be willing to decide that the holding of a Christmas party in itself constitutes religious discrimination against any non-Christians contrary to the Equality Act 2010. This is because Christmas parties are not really about celebrating religion. Rather they are about improving staff morale and loyalty and thanking employees for all their hard work and efforts over the previous year.

How do I decide on the best time to hold a Christmas party?

You should take into account that a lunch-time event may be more convenient than an evening one for those with childcare responsibilities. You should choose the day of the week carefully too, having an event on a Friday night, for example, might exclude Jewish employees.

What issues should I be aware of when arranging the food and drink for a Christmas party?

You must take care to avoid disadvantaging anyone whose religion forbids alcohol by ensuring plenty of non-alcoholic alternatives. You should remember that employees of certain religious beliefs may be vegetarian or unable to eat certain foods, such as pork or beef. You should ask beforehand about any special dietary requirements, so that these can be accommodated.

If an employee turns up to work late the day after the Christmas party, can I dock their pay?

If you wish to be able to make deductions from employees’ pay in the event that they turn up for work late the morning after the company Christmas party, you should include the right to do this in your contracts of employment. An alternative would be to ensure that the employees in question have, in advance of the party, signed a separate document that clearly indicates their agreement to a quantifiable deduction being made in these specific circumstances.

Another possible course of action would be for you to make it clear to staff in advance of the Christmas party that disciplinary action will be taken against any employee who fails to turn up, or turns up late, the day after the Christmas party and there is reason to believe that the non-attendance/lateness is due to overconsumption of alcohol. It is also advisable for you to make sure that plenty of food and non-alcoholic drinks are available at the party itself.

Are employees entitled to time off for bank holidays in addition to the statutory minimum annual leave entitlement?

The statutory minimum annual leave entitlement is 5.6 weeks. There is no automatic entitlement to take time off on bank holidays in addition to this, unless the terms of the employment contract provide otherwise.

How should I deal with an employee who refuses to work on a bank holiday?

The action you can take will depend on the employee’s contract of employment. If the employee does not have the contractual right to time off on bank holidays but refuses to attend work, then you can treat this as a disciplinary issue. You should comply with your own policy for managing disciplinary issues as well as the Acas code of practice on disciplinary and grievance procedures (PDF format, 1.58 MB on the Acas website).

If the contract provides that the employee is entitled to take bank holidays as annual leave, you cannot insist that the employee works and cannot take any form of disciplinary action. You could seek the employee’s written agreement to work on the bank holiday in return for a day in lieu to be taken at some other time, or you could consider increasing the payment for the day as an incentive.