Office Christmas Party - Discrimination?

Flatfacedcat

Chucklechops said:

[...] she nevertheless feels that the company tends to 'forget' about her in certain circumstances. For instance, whilst the office Christmas party is open to everyone, she is unable to attend in person due to her illnesses (and she also suffers from social anxiety). Whilst every employee is given around a £30 allowance for the party, no effort is made by the company to acknowledge her at this time; they could for example send her a small food hamper, or offer to make a charitable donation on her behalf. Similarly, there is a separate yearly summer barbecue to mark the end of a traditionally busy period in the office - and whilst her colleagues get to attend, she doesn't even get a mention or a thank-you!

As far as I know, the people "responsible" for the £30 party allowance are those working in the Payroll department (who, as I often noticed, usually have no idea about what name corresponds to what employee - they just don't know anybody as they often just do operations of financial accountability). The only person that can do something about this, from my perspective on this matter, is the immediate direct hierarchic superior of your friend (teamleader or manager);  in fact - given the size of the company - is likely that her teamleader/manager is also the only person that knows who your friend is and that is aware of your friend's situation.
If your friend really wants to do anything about this, what she could do is to first politely ask her teamleader or manager (the closest in hierarchy to her level, the person she is usually reporting to) if she is also entitled to receive such allowance given that she is working from home.

About the 30£: may be useful for your friend to understand what is the purpose of such "gift". In one of the companies I worked about two years ago there was a contractual justified difference in the monthly salary between employees working from the office and those working from home: those from home were paid less money than those in the office because according to the company - as someone else pointed out - they were having less expenses than those who were coming to the office on daily basis.

Brie

Most places I've worked had a set budget for a party and would use that all for the party whether it was attended by 100% of the employees or 30%.  Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

But I do think that when management knows that someone is unable to attend, not out of choice as with your friend, then something should be provided.  This is different than making sure that everyone gets their £30 worth whether they attend, are on holiday or just can't be asked.  

Grumpy_chap

Brie said:

Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

Those contractors were probably very pleased to be differentiated.

TELLIT01

Grumpy_chap said:

Brie said:

Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

Those contractors were probably very pleased to be differentiated.

The party was for employees.  Contractors aren't employees and therefore don't qualify.  They generally earn much more than an employee doing the same job so I don't see the issue in charging them something if they want to attend. 

Where would it stop if contractors were invited?  They are 'suppliers' of a service just as every other supplier to the business is.  Should all other suppliers be invited too.

EnPointe

Brie said:

Most places I've worked had a set budget for a party and would use that all for the party whether it was attended by 100% of the employees or 30%.  Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

But I do think that when management knows that someone is unable to attend, not out of choice as with your friend, then something should be provided.  This is different than making sure that everyone gets their £30 worth whether they attend, are on holiday or just can't be asked.  

Contractors are self employed , it  can  bring questions over their status if they are  required to  attend Staff meetings ot are assumed to be included in staff  activities 

theoretica

Does she feel that her employers are doing only the bare minimum to meet the equality act?  You use the words 'very accommodating' which seems to me to average out with minor negatives.

I expect if the employer did a poll of how many employees would prefer £30 cash and no Christmas party, and how many would prefer the party with the £30 catering voucher (or whatever it is) rather a lot of employees would prefer the cash - or even just £20.  This isn't offered, because while they are talked about as thank you events, a big part of them from the employers point of view is getting staff together and not calling it team building.  But an 'I'm sorry you aren't able to join us' would be a reasonable expectation.

Hoenir

Brie said:

Most places I've worked had a set budget for a party and would use that all for the party whether it was attended by 100% of the employees or 30%.  Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

That would clasffied as business entertaining and be disallowable for both the purposes of VAT recovery and corporation tax. As far as the staff element goes the amount per head spent would need to be deemed resonable in the eyes of the HMRC. Hence the overall fixed budget. Attendance at the event being irrelevant. 

Savvy_Sue

Those who didn't attend our Christmas party got nothing, and had to book leave for the day. 

DullGreyGuy

Brie said:

Most places I've worked had a set budget for a party and would use that all for the party whether it was attended by 100% of the employees or 30%.  Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

IR35 is now the client's responsibility, if those contractors are on outside IR35 contract then their status as independent businesses would be open to challenge if they were to attend parties defined as exclusively for staff. 

Certainly some companies have a wider party where suppliers and clients are invited in which case contractors can be invited however the tax treatment of such parties is different to one just for staff. 

It goes both ways though. My company does a Xmas party for its staff and it doesn't invite the client's employees 

Grumpy_chap said:

Brie said:

Disturbing to me was that only "employees" could go or go for free while contractors, some of whom had worked there for long time, either weren't invited or had to pay to attend.

Those contractors were probably very pleased to be differentiated.

Most wouldn't care particularly strongly one way or another given IR35 is no longer their risk 

Personally dont mind not being invited, dont overly mind the note at the bottom of the invitation saying contractors accidentally receiving it cannot go, was less pleased by the email sent to all contractors by the COO of one prior client who stated you must not attend. With that same client on the day as everyone was putting on their tuxedo or party dress the Director of the COO's office said I could attend as X had dropped out... X had dropped out 6 weeks ago so talk about being an after thought and no I'm not going in shirt and chinos when everyone else is in a tuxedo. 

My friend works for a large UK company. Her employer's health insurance provider has previously recommended (citing the Equality Act) that she works exclusively from home due to having several serious illnesses linked to her immune system.
Whilst the employer has been very accommodating, and my friend is very grateful, she nevertheless feels that the company tends to 'forget' about her in certain circumstances.
For instance, whilst the office Christmas party is open to everyone, she is unable to attend in person due to her illnesses (and she also suffers from social anxiety). Whilst every employee is given around a £30 allowance for the party, no effort is made by the company to acknowledge her at this time; they could for example send her a small food hamper, or offer to make a charitable donation on her behalf. Similarly, there is a separate yearly summer barbecue to mark the end of a traditionally busy period in the office - and whilst her colleagues get to attend, she doesn't even get a mention or a thank-you!
Whilst my friend is resigned to this, I strongly feel this is wrong, especially in the current climate of equity and inclusion.
I'm interested to know what others think.

HMRC have strict rules about staff parties, there is a maximum that can be claimed as a business expense, you cannot spend more than that and just claim the capped amount for example. It's not clear how the "£30 allowance" is working, is it actually £30 in their payslip? do they do their own thing and submit £30 of expenses? Is it an organised event and they just have a notional £30 behind the bar each?

I'm sure she's technically invited and it's for her own benefit that she is choosing not to attend. I'm sure those that have booked a holiday for the same date or are off sick etc dont get a hamper or anything else in lieu. You would also then probably need to offer everyone the option of a hamper and not an invite to the party. 

A former employer did give people hampers at Xmas but also an option to opt out of it. I thought that was odd until April when my P11d turned up and there the hamper was listed with the 40% tax to be paid on the benefit in kind. Corporate gifts are treated very differently to employee parties. 

Flugelhorn

Savvy_Sue said:

Those who didn't attend our Christmas party got nothing, and had to book leave for the day. 

crumbs - that  is a bit tough!