Could Secret Santa present you with a problem?

Christmas is coming

Over the next few weeks, workplaces up and down the country will be busy getting into the festive spirit. Aside from decorations and parties, Secret Santa is a popular tradition. Those of you who run this particular activity will know that participants pick a colleague’s name at random and then buy their selected recipient a small, low value, and quite often very silly, gift. This is all part of the fun.

One person’s humour

Unfortunately, even though Secret Santa is supposed to be light-hearted, things can get out of hand. At the bottom end of the scale, a present may cause offence; at worst it could give rise to a discrimination claim. For example, some of the following (which are all gifts we’ve heard about) may seem OK, but they are all potentially problematic - particularly if they are given to the recipient in front of other employees:

• a naked models calendar (of either sex); this could be viewed as harassment and/or discrimination on the grounds of sex
• a bottle of wine given to somebody who doesn’t drink alcohol for religious reasons
• chocolate penises (the tribunal has found these to be “too sexually suggestive” as a leading law firm has previously found out to its detriment)
• a box of condoms given to a young, and shall we say “adventurous”, worker with a note that read “Stay safe this Christmas”
• a “blow up boyfriend” to a man who was routinely ribbed about his perceived sexuality
• a “How to succeed in HR” book for an HR director (yes, seriously).

Another person’s humiliation

Where a gift has caused offence or upset - even unwittingly - you’ll probably be left to clear up the mess. You could even be held liable for any discriminatory acts that occurred. However, it’s not necessary to ban Secret Santa outright (unless you want to), but it is sensible to lay down some rules for your staff.

Tip 1. First and foremost you should make participation in Secret Santa optional. That way employees can avoid: (1) any potential embarrassment (this works both ways); and (2) the financial outlay (even a small amount can be a headache for some).

Tip 2. Staff who opt out of Secret Santa should never be pestered to “join in with the fun”, or made to feel bad about their decision, e.g. by being called a “Killjoy” or “Bah Humbug”. They may have ducked out for good reasons.

Tip 3. For those employees who take do take part, set a low value for presents, e.g. no more than £5, and define what gifts are wholly unacceptable - use our examples if you want to. In this regard, staff should be advised to think how a gift may be received: a colleague who has a good sense of humour may not be that amused if the joke’s on them, or they’re humiliated in public.

Tip 4. It goes without saying that if an employee has any reservations about a gift, they should not buy it. A safe option might be ordinary chocolates, except where, perhaps, the recipient is a vegan!

Tip 5. If a gift causes offence or upset, arrange for a sincere apology to be made quickly. This should diffuse the situation and head off any complaints.