1. Is there any risk in holding a Christmas party if some employees belong to non-Christian religions?

It's unlikely that a court or tribunal would regard this as discriminatory, although there is no case law to date. A Christmas party does not really celebrate the Christian religion; it is more an event intended to thank employees for their work during the year and to improve staff morale.

Tips for planning

  • Avoid themes or activities that could exclude or disadvantage certain groups.
  • Consider dietary needs (e.g., vegetarian, halal, kosher) and provide non-alcoholic drink options.
  • Be mindful of timing—Friday nights may conflict with the Sabbath for Jewish employees, and some employees may have family or caring responsibilities.
  • A lunchtime event or neutral venue may be more inclusive than a pub or late-night party.

 

2. What about decorations at the party and workplace?

Opt for seasonal rather than religious decorations to keep the environment welcoming for everyone. Think “festive” rather than “faith-specific.” 
 

3. Can we deduct pay from an employee who turns up late for work the day after the party?

Yes, if the employee’s contract, award, or agreement provides for deductions for lateness. 
 

4. What if the employee doesn’t turn up the next day?

If an employee calls in sick, follow your usual absence and sick leave procedures. Even if you suspect the absence is party-related, you need evidence and not to make assumptions. Consider reminding staff in advance that unexplained absences may result in disciplinary action.


5. Could we be liable for harassment that occurs during a work Christmas party?

Yes. It is a work function, and an employer can be vicariously liable if an employee harasses another employee. This applies even if the party is held outside working hours and not at the workplace.
 

6. What about inviting employees’ partners to the party?

If you do this, invite both same-sex and opposite-sex partners to avoid discrimination.


7. Should we set out any rules for conduct at the party?

Absolutely. Without dampening the festive spirit, remind employees that:

  • The party is still a work-related event.

  • Responsible alcohol consumption is expected.

  • Harassment, violence, illegal drug use, and offensive language are unacceptable.

  • Breaches may result in disciplinary action.

A friendly pre-event email or notice can set the tone while reinforcing expectations. 
 

8. What is our obligation (if any) for staff getting home from the function? 

There’s no general legal obligation to provide transport home. However, employers should take reasonable steps to minimise risk:

Encourage safe travel options (e.g., rideshare, public transport).

Offer assistance for employees who may need help getting home—either by arranging transport in advance or providing a contact point during the event.
 

Final Thoughts

Inclusivity and safety go hand in hand. By planning thoughtfully and considering cultural sensitivities, setting clear expectations, and prioritising wellbeing, you can create a celebration that everyone enjoys and remembers for the right reasons.