Preston Russell Law - Legal Services for Southern People

Secret Santa

Wednesday, December 23, 2009 by Mary-Jane Thomas, partner category Work to Rule

Throughout the year I see some really stupid things come through but this had me laughing (albeit hysterically) about how simple things can be made by lawyers to appear so, so difficult. 

An English lawyer has warned about possible court cases arising out of “secret Santa gifts” (these are the gifts given anonymously to workmates).

In England (as in New Zealand) it is not appropriate to give gifts that could be classified as offensive. The lawyer says however “as an example don’t give religious colleagues alcohol or offensive magazines” … most of all “…don’t give female workers kitchen ware.”

On the basis of this advice I have no doubt offended my employees for the last 5 years therefore I have added my own list of don’ts.
 
Do not give fat employees chocolate, this may be taken as mocking them ; do not give skinny employees chocolate it may be interpreted as inferring they have anorexia and need “a good feed”. 
 
Do not give middle sized employees chocolate as this may be seen as an effort to make them fat hence unhealthy evidencing an underlying dislike of that person and supporting a later personal grievance.
 
Do not give the boss chocolate, this may be seen as an effort to influence them in the future and if you do get a promotion then this may be challenged by a fellow employee on the basis of discrimination.
 
For goodness sake do not give your subordinates chocolate, this may be seen as supporting an inference you have treated them badly during the year and have tried to make up for it by giving chocolate and may be used evidence supporting a personal grievance for bullying.