Law firms were this week warned to bear religious discrimination rules in mind ahead of making party and holiday arrangements for the festive season.

This week marks the one-year anniversary of the Employment Equality (Religion or Belief) Regulations 2003, which prohibit direct and indirect discrimination on the grounds of religion or similar belief. Ingrid Overett Somnier, an employment lawyer in the London office of US firm Coudert Brothers, said employers needed to be careful how they interact with the Christmas period as they organise parties and finalise office holiday arrangements.


Failure to comply could mean a holiday hangover in the form of an employment tribunal claim.


Ms Overett Somnier explained: ‘Many employers remain unaware that Christmas office parties can pose real problems for non-Christian employees. Parties located in bars or where the emphasis is on copious alcohol consumption are ill-adapted to the beliefs of, for example, practising Muslim staff.


‘Equally, a party scheduled on a Friday night will be difficult for practising Jewish employees who need to be home one hour before dusk on a Friday for Sabbath.’


However, she emphasised that proportionality is key – firms could possibly justify not changing their arrangements if, for example, only one of their 200 staff were Jewish.


However, if 50 were, then it becomes much more of an issue.


It is also important ‘to know your workforce’, Ms Overett Somnier added. If the employer knows that their Muslim staff do drink alcohol, concerns about discrimination may be less of an issue.


She said employers should also be careful when closing the office between Christmas and New Year not to discriminate indirectly against non-Christian staff.


‘Some employees may object to being compelled to use their valuable holiday allowance during the festive season and request alternative working arrangements. Such a request should be seriously considered by employers. Also, employers could run the risk of legal action if they refuse staff holiday during, for example, Muslim or Hindu festivals without good reason.’


Overall, the starting point is to be aware of the rules, Ms Overett Somnier said, and not blindly follow tradition.

In the year since the employment equality regulations came into force – there are also regulations applying to sexual orientation – there has been precious little caselaw. However, Ms Overett Somnier said they were ‘slowly but surely having an impact in the workplace’.