On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”.

And HR replied...everyone!

When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time.

However, it is important that employers do not forget about absent employees or assume that they will not want to attend Christmas events. Rather, these employees should be given the opportunity to attend to avoid any possible discrimination claims. This applies equally to formal office parties as well as informal team events, even those arranged last minute. Any exclusion of an employee because they are absent could be viewed as less favourable treatment and if that treatment is because of their maternity or disability for instance it would amount to unlawful discrimination.

Employers should therefore make sure all employees are included in communications and treated as if they were at work. This will also need to be balanced with making it clear attendance at any events is voluntary and entirely up to the individual. There may be many reasons people don’t want to attend an event, and it should be made clear that they will not suffer a disadvantage if they choose not to attend.

But what about contractors or agency workers? Should they also be included? Employers are not obliged to do so (it is unlikely that an office party would be an amenity of the type to which agency workers are entitled to have access) but employers may want to extend an invitation to all those working for it to boost morale and show appreciation for the contribution that they make to the success of the business, taking care of course not to do anything which might suggest these individuals have employment status.