The HR Problem Lurking Beneath The Secret Santa Wrapping

HR managers should bear in mind that complaints about Secret Santa gifts gone wrong can be made against the employer as well as the person who sent the gift, says Ogier employment lawyer Rachel Richardson.

She says that although employers may have got the message about behaviour at Christmas parties – following numerous employment tribunal judgments establishing vicarious liability - Secret Santa gifts still pose a potential risk to businesses.

An inappropriate Secret Santa gift that refers to a person's sex, gender reassignment, pregnancy or maternity in a way that causes offence can lead to a harassment complaint and an award of up to three months' pay, payable by the employer whether they had any direct involvement in the offending gift or not.