This Year's Christmas List: Age, Sex and Religious Discrimination, Health and Safety, and Taxation.

Having a happy Christmas will be a bigger challenge than ever in 2008 as the UK’s companies wade their way through snowdrifts of red tape.

“Few businesses realise just how many rules and regulations it is possible to break when it comes to having fun at Christmas,” said Jonathan Whittaker, employment partner at SAS Daniels LLP, Cheshire’s biggest law firm.

“Age, sex and religious discrimination, as well as health and safety laws and taxation rules create a huge headache for Christmas party organisers – and the stress could lead to a personal injury claim as well,” he said.

“Technically, every business or organisation in the country that recruits a Santa Clause is breaking myriad employment discrimination laws.

“A typical advertisement for Father Christmas really has little option but to include a variation upon ‘The Grotto has a vacancy for a fat, white, fit, heterosexual old bloke of Nordic descent, with a Christian background, a lot of facial hair, no disabilities (climbing, abseiling, animal handling and flying at hyper-sonic speeds are essential requirements), who isn’t a member of a union that’s going to insist on reasonable working hours and good conditions – thereby possibly ruining somebody’s Christmas’.

“Health and Safety rules may also dictate what kind of Christmas tree and decorations you can put up in the place of work, if you can put them up at all because of fire exits, fire risk, use of steps or ladders and so on.

“Companies should also be extremely circumspect about the sort of Christmas party they arrange or book. This may seen frivolous, but it could actually become a major problem: an office party that leans towards a late-night-clubbing scenario could offend older members of the staff, but a quieter afternoon meal in a restaurant could upset the younger members of the team.

“If, as is occasionally the case, one or two of the staff who are notably older or younger than the rest feel they are regular subjects of age-related comments, pranks or victimisation, then an occasion that is meant to be light-hearted and fun could actually cause them to be pushed over the edge – and into making an age discrimination claim against their employers.

“And of course, taxation laws dictate the maximum amount a company is allowed to spend per employee at Christmas parties without it being a taxable benefit.

“There is also the issue of religious discrimination – in some multi-ethnic workplaces the word ‘Christmas’ may actually be banned in line with the thinking of some local authorities who have in the past referred to ‘Seasonal lights switch ons’ or ‘Winter lights switch ons’.”

SAS Daniels LLP has offices in Stockport, Macclesfield, Congleton, Bramhall and Chester.

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