Member Article

On the 7th day of Christmas HR was asked…”Can we run a Secret Santa? It’s going to be a blast!”

And HR replied…. OK but please don’t make anyone gasp!!

The tradition of Secret Santa in workplaces is one of morale-boosting Christmas cheer in which colleagues anonymously exchange presents, encouraging team-building and forging friendships. However, it is important to remember that things can quickly turn sour if the gifts are inappropriate or offensive to the recipient. What one colleague sees as a light-hearted joke or ‘office banter’ may be another colleague’s idea of bullying and could, in the worst-case scenario, result in claims of harassment or discrimination. The law defines harassment as unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It is possible that an unwanted Secret Santa gift could fit within this definition, particularly if the gift is insensitive, offensive or of a sexual nature.

In order to preserve the goodwill of the holiday season, employers should consider ways in which they can prevent any issues before they arise. In the same way that it is good practice to send an email reminding staff of the organisation’s policies prior to any Christmas party or office get together, a similar reminder could be circulated about Secret Santa. As well as a request to be careful in the gifts that are chosen this could also include a reminder that not all members of the team will necessarily want to join in and they shouldn’t be made to feel excluded or criticised for not doing so. It is also sensible to set a maximum spending limit that is likely to be affordable for all, particularly during times when the purse-strings may be considerably tighter than usual for a lot of staff.

Where there are real concerns that a workforce might become slightly ‘adventurous’ with their gift ideas, an additional precaution may be to advise staff that gifts will be ‘vetted’ before they are given. Hopefully employees will think twice about what they buy if they have to run it past HR first!

Ultimately Christmas activities should be enjoyable.  In the event that workplace dynamics are already fraught or there is the potential for any gift-giving to get out of hand, there are always other ways to spread some festive cheer. A charity raffle or Christmas-themed quiz are both great ways to bring everyone together without the potential risk of ending up in the employment tribunal.

 

Link to article