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Posted: Thursday 23 December 2010

Secret Santa - How To Avoid Red Faces And Worse!

In a previous blog - The Icing On The Cake - I previously mentioned the thorny issue of Secret Santa was mentioned in passing.

This Christmas being the first since the coming into force of the Equality Act, I have been asked a number of questions on the potential pitfalls of ill-received Secret Santa gifts.

The wrong choice of present, even if bought in good faith and intended to be amusing, could cause offence to the recipient. This in turn could give rise to claims of harassment and even of discrimination by perception or association. Gifts which may be seen to be poking fun in respect of any of the protected characteristics can be dangerous.

There are also conduct issues to be considered. Secret Santa gifts often border on the risqué and while some may find the likes of chocolate body paint an ideal gift, others may consider such presents highly inappropriate and raise complaints. Similarly gifts such as wine, given to co-workers who avoid alcohol due to religious beliefs, could be considered insensitive and offensive.

In the majority of cases, Secret Santa gifts can be great fun and have a positive impact on workplace relationships and morale. Yet, both employers and employees do need to be aware of the potential for causing offence and the implications in terms of discrimination legislation.

I definitely don’t want to dampen anyone’s festive cheer and creativity however, unless you know the person very well and are certain that your gift will be received in good humour, it is best to play safe with your gift choices!

Tags: Employment Law - Employers, Equality & Discrimination, Miscellaneous

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