In the run up to Christmas there will be work parties all over the country that are taking place and some organisations will be looking to add an extra element of entertainment to their festivities by organising Secret Santa.
Whilst it is often the case that a company-wide Secret Santa will be welcomed and enjoyed, there will without a doubt be those members of staff who will try and push the boundaries of what is acceptable to give as a gift to their fellow employees.
It should be common sense that staff avoid gifts that relate to any characteristic under the Equality Act, for example a gift relating to someone’s religion, age, race, gender, or sexual orientation. However, there will inevitably be workplaces that thrive on banter all year long with Secret Santa being just another opportunity to showcase this.
An employee’s choice of gift can be a reflection not only of their perception of their colleague, but also a reflection of the work culture and environment. What may be considered funny and banter to one, can be considered extremely offensive and humiliating to another. Arguing that an inappropriate gift was only intended as a joke or banter will not be a sufficient defence in an Employment Tribunal claim.
In the case of Mr S E Toughfar v Search Education Trust, the Employment Tribunal was asked to decide whether a teaching assistant, whose religion was Islam, had been discriminated against because of his faith when he was awarded the “Grinch” trophy during a spoof “Oscar Award” ceremony held by his school.
The Scottish Employment Tribunal recently dealt with the case of B Cochrane v Neerock Limited t/a Woodheads where they had to consider the claimant’s immediate offense to sexual content in a company group chat following a Secret Santa gift that he didn’t even receive.
A mug was gifted to a co-worker which when filled with boiling water displayed a picture of a pair of testicals wrapped in a bow-tie appeared with the phrase “I Love Teabagging”. The co-worker posted a picture of the gift received in the company group chat which the claimant was later added to. Upon witnessing the content, the claimant was immediately offended and resigned only 8 days after his appointment, later pursuing claims of breach of contract and sexual harassment.
If an employee is genuinely upset or offended by a gift they have received, or a gift a colleague has received, it is important to take the concern seriously. If the issue cannot be resolved informally employers can follow their formal grievance procedure and if necessary disciplinary action can be taken.
Ensure that any relevant policies and procedures that would support should the above arise are up to date, including any grievance policy, equality and diversity policy, bullying and harassment policies and sexual harassment policies.
Your staff are a reflection of your organisation and gifts given will be based on the culture of the company. New employees or those in junior roles will be looking to their line managers/Directors for support if they do feel aggrieved. It is therefore important that anybody in senior positions taking part in Christmas festivities including Secret Santa, leads by example.
In conclusion, whilst a company-wide Secret Santa can add another layer of joy to Christmas festivities, employers must be mindful and perceptive to the above and act sensibly if issues do arise.
Our team are able to assist with a range of enquiries and HR support. If you would like any support in respect of preparing for or dealing with the fallout of any Christmas festivities or need advice on grievance or disciplinary procedures, please contact us on 01983 897003.
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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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