Ahead of Christmas, it is common for employees to exchange gifts amongst themselves as a way of embracing the festive season. Whilst this is generally considered a sign of a happy and close-knit workforce, your client ought to be careful to avoid the pitfalls associated with gift-giving at work.
‘Secret Santa’ is a common feature in many workplaces around this time of year, however, despite its seeming popularity, a recent study by Jobsite found that 35% of employees would actually like to see Secret Santa banned in their workplace. In response to these findings, Dr. Ashley Weinberg of Salford University has suggested this practice is likely to be a source of anxiety for many staff, who fear they will be viewed negatively depending on how much they spend on gifts for colleagues.
With the above in mind, your client may want to consider whether Secret Santa is really appropriate in their organisation, given that it may create unnecessary stress for staff. If they are keen on allowing this practice then they should at least consider placing a reasonable monetary cap on gifts to alleviate any concerns about cost, whilst also making it clear to employees that participation is completely voluntary.
There is also a danger when it comes to gift-giving at work that certain individuals may use this as a vehicle to bully or harass colleagues. Therefore, it will be important for your client to have rules in place that forbid gifts of an offensive or discriminatory nature. Staff should also be warned ahead of time about purchasing ‘jokey’ presents, as even well-intended humour can still lead to claims of discrimination.
If, despite these warnings, staff proceed to issue gifts of an offensive or discriminatory nature then your client should be prepared to take the appropriate disciplinary action. Whilst exact responses may vary depending on the severity of the act, and the individual’s previous disciplinary history, your client should not overlook this behaviour as it could lead to costly claims at an employment tribunal.
Certain employees may even receive gifts from customers or service users during the Christmas period, which will come with a risk of bribery. It is essential that your client complies with the requirements of the Bribery Act 2010 and prevents individuals from operating on their behalf from being involved in bribery. In these situations, it will be important to have a gift and hospitality policy in place, which specifically requires staff to openly disclose any corporate gifts they receive on a designated register.
Whilst your client may take the above as a sign to do away with gift-giving completely over Christmas, this shouldn’t necessarily be the case. Whilst there are admittedly several pitfalls they should be aware of, these can be avoided with the correct management techniques to ensure your client and their staff are able to enjoy a happy festive period.
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