We are specialist employment solicitors here at Lincs Law Employment Solicitors. We therefore often advise clients facing disciplinary proceedings. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
Can I Be Disciplined For The Secret Santa Gift I Gave To My Colleague?
The short answer is yes, you can.
Secret Santa is a very common Christmas-time event for many workplaces and is usually encouraged by management as a means of team-building and social interaction. However, if you have given your colleague an inappropriate gift, this can lead to disciplinary action being taken against you.
There are several ways your actions could be considered misconduct.
Firstly, your Secret Santa gift could be in direct contravention of the Equality Act 2010 if it is discriminatory in nature. For example, it could constitute “harassment”. Harassment occurs where:
- Person A engages in unwanted conduct; and
- That conduct has the purpose or effect of violating Person B’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for Person B; and
- The unwanted conduct relates to a relevant protected characteristic.
The relevant protected characteristics for the purposes of harassment contrary to the Equality Act are age, disability, gender reassignment, race, religion or belief, sex and/or sexual orientation.
It is important to note harassment (as above) focusses on behaviour that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. As such, even if you did not intend to cause an offensive environment for your colleague when you gifted the item, your actions could still constitute harassment under the Equality Act 2010 and lead to disciplinary action being taken against you. It is sufficient for your conduct to have just had the above effect.
Even if your Secret Santa gift is not considered an act of harassment (as above), you could still face disciplinary action at work. For example, it could be contrary to your employer’s policies and procedures such as any Bullying or Dignity at Work policy.
Importantly, if you have been notified of disciplinary action being taken against you, your employer should inform you about the problem and tell you why your actions are being considered as potential misconduct (as below). If this is not explained, you should ask your employer for more information and clarification.
Whilst it may be reasonable to commence disciplinary proceedings against an employee who has given a Secret Santa gift to their colleague, this is not always the case. Here at Lincs Law Employment Solicitors, we often assist clients who are being unfairly disciplined at work. Why not contact Lincs Law Employment Solicitors for a free, no obligation telephone consultation? Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
I Am Being Disciplined For The Secret Santa Gift I Gave To My Colleague – What Should I Do Now?
If, after giving your colleague a Secret Santa gift, you have been alerted to possible disciplinary action commencing against you, try not to panic.
Firstly, your employer will need to decide whether this can be dealt with informally (i.e., an informal chat) or whether more formal action is necessary. At this stage, the severity of your alleged misconduct will be considered by your employer. For example, the nature of the Secret Santa gift, the wider context and any impact on your colleague.
At this stage, you will therefore just need to await further communication from your employer.
The Investigation
If your employer decides they need to formally investigate your actions, they should follow their own disciplinary procedure (if they have one) and, in any event, follow the ACAS Code of Practice on Disciplinary and Grievance Procedures (“the ACAS Code”).
If you do not have a copy of your employer’s disciplinary procedure, ask for a copy! This will allow you to check your employer is following (and continues to follow) their own policy.
If your employer decides they need to start an investigation, they should appoint an Investigator. This person should not be otherwise involved in your case or related to the allegations in any way. If you have any concerns about the impartiality of the investigator, you should raise your concerns with your employer (ideally in writing) promptly. You should explain why they are unsuitable and, if possible, suggest someone else who would be more suitable in the circumstances.
During the investigation process, your employer will need to carry out all necessary investigations. This may include talking to your colleague, reviewing the Secret Santa gift and holding an investigation meeting with you. For information about attending an investigation meeting, please see here – https://lincslaw.co.uk/blog/what-should-i-say-in-my-disciplinary-investigation-meeting-at-work/
You could be suspended during the investigation process. For more information about this matter, please see here – https://lincslaw.co.uk/blog/has-anyone-returned-to-work-after-being-suspended/
Importantly, the investigation process itself (including your investigation meeting) should not result in any disciplinary action.
Once the investigation process has been concluded, your employer will need to decide whether there is a disciplinary case to answer based on the available evidence and your representations. If there is no disciplinary case to answer, no further action should be taken.
Disciplinary Hearing
If your employer considers there is a disciplinary case to answer, you should receive notification of a disciplinary hearing. You should also receive sufficient information about your alleged misconduct and copies of all relevant documentation (i.e., your employer’s investigation materials). Your employer should also confirm the possible outcomes of the disciplinary hearing in the event the allegations are found proven i.e., what the possible disciplinary sanctions could be.
If you have not been provided with clear details about why your actions are being deemed as misconduct or some documentation is missing, ask your employer for it! It is very important you have copies of all available information and clarity about the allegations so you can defend yourself fully.
You should also be provided with information about your right to be accompanied. Please see here for more information about this – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-disciplinary-hearing/
Before any disciplinary hearing, you should take time to prepare as much as possible. Here at Lincs Law Employment Solicitors, we understand that attending a disciplinary hearing is, inevitably, very stressful and difficult. Therefore, we would always advise our clients to prepare a disciplinary statement in advance of their disciplinary hearing. This should clearly detail your response to the allegation(s) against you, provide any evidence to support your case and explain any other factors you would like the disciplinary manager to consider. For more information about this, please see here – https://lincslaw.co.uk/blog/employee-top-tips-for-a-disciplinary-hearing/ and https://lincslaw.co.uk/blog/disciplinary-hearing-statement/
Your employer will then need to decide whether the allegation(s) against you are proven. If they are not, no further action should be taken.
If the allegation(s) are proven, your employer will need to decide on an appropriate disciplinary sanction. The outcome of your disciplinary hearing should be confirmed to you in writing, and you should be given the opportunity to appeal.
Here at Lincs Law Employment Solicitors, we always hope our blogs are informative and can assist you in relation to your employment matter. However, why not contact the office for a free, no obligation consultation? Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand that facing disciplinary action at work can be a very daunting and worrying time. If you are in this situation, we are specialist employment solicitors and here to help. Please contact us via our contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances Christmas Party Disciplinary Action disciplinary appeal Disciplinary process disciplinary statement employment solicitor gift colleague Kate Key lincs law employment solicitors secret santa gift specialist employment solicitor