As we near Christmas time, many workplaces will be engaging in festive games like Secret Santa. For some, this is a welcome and positive experience between colleagues. However, if you have received an inappropriate present from a colleague at work, this may constitute an act of harassment. If you are in this situation, we are here to help. Please read on to find out more.
Please note, this blog focusses on whether an inappropriate gift from a colleague can constitute an act of harassment contrary to the Equality Act 2010. Even if the gift you have received does not constitute harassment, it can still be inappropriate in the workplace. There are actions you can take – we are here to help. Why not use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 for a free initial, no obligation telephone conversation.
I Have Received An Inappropriate Secret Santa Gift From A Colleague – Am I Being Harassed?
If you have received a Secret Santa gift from a colleague at work, you may have been subjected to an act of harassment. This is an act of discrimination under the Equality Act 2010.
What Is Harassment?
Discrimination is the umbrella term given to claims under the Equality Act 2010. Essentially, the Equality Act 2010 sets out various ways in which treatment of a person is unlawful.
One form of discrimination under the Equality Act 2010 is 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 2010 are age, disability, gender reassignment, race, religion or belief, sex and/or sexual orientation.
If you have received a discriminatory Secret Santa gift from a colleague, they may have presented this as a form of “banter” or as a “harmless joke”. However, this is inappropriate and could constitute an act of harassment.
To explain, 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 your colleague did not intend (or suggests they did not intend) to cause any harm, this does not matter. If their actions have had the above effect on you, this could still constitute a contravention of the Equality Act 2010.
I Have Been Harassed At Work – What Should I Do?
Here at Lincs Law Employment Solicitors, we understand if you are suffering (or have suffered) harassment in the workplace, it can be incredibly difficult and stressful. In these circumstances, we would always advise raising the issue with your employer promptly.
You may wish to do so by raising a Formal Grievance. To explain, a Formal Grievance is an employee-led concern. Your employer may have their own grievance procedure to be followed. In any event, they should adhere to the ACAS Code on Disciplinaries and Grievances. This is the minimum standard expected of employers. Essentially, this details the Formal Grievance procedure as follows:
- You communicate your concerns (ideally, in writing).
- Your employer schedules a meeting to discuss your concerns.
- An investigation takes place to investigate your concerns.
- An outcome is provided.
- You are provided the opportunity to appeal the decision.
Reporting the harassment to your employer (whether via a Formal Grievance or otherwise) is important as:
- Action will hopefully be taken by your employer. This may include, for example, commencing disciplinary proceedings against your colleague.
- An Employment Tribunal will expect you to have raised your concerns directly with your employer and can reduce compensation if you have failed to do so.
- To protect your position in the future, should the treatment towards you unfortunately worsen. For more information about this, please see here – https://lincslaw.co.uk/blog/do-i-have-a-victimisation-claim-in-the-employment-tribunal/
I Have Been Harassed At Work – Do I Have An Employment Tribunal Claim?
As above, if you raise your concerns with your employer, they should take action internally.
However, it is important to remember that harassment is unlawful. As such, if you have received a discriminatory Secret Santa gift from a colleague, you may have a harassment claim to pursue in the Employment Tribunal. Such claim can be pursued against both your employer and your colleague.
Given the above, it is very important to be aware of time limits in the Employment Tribunal. You must start the Employment Tribunal process within three months (less one day) of the act complained of. For example, when you received the Secret Santa gift.
You start the Employment Tribunal process with something called ACAS Early Conciliation. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/.
Please note, Employment Tribunal time limits are very strict. As such, do not allow any lengthy grievance procedure to distract from this time limit!
If you have suffered harassment at work, we understand it can feel like a very daunting and lonely experience. However, we are specialist employment solicitors, and we are here to help. Why not use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 for a free initial, no obligation telephone conversation.
Lincs Law Employment Solicitors Can Help You
If you feel you have been (or are being) harassed by a colleague and you do not know what to do, we are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances Discrimination discriminatory gift employment solicitor formal grievance formal grievance at work gift colleague Harassment harassment at work how to submit a formal grievance Kate Key lincs law employment solicitors secret santa gift specialist employment solicitor