Watch out that the office raffle prize isn’t followed by a nasty HR surprise - Simon Allison

Simon Allison is an Employment Partner, Blackadders: @EmpLawyerSimon

I was nine when I discovered that my odds were higher than most in any raffle situation. My first raffle win was a bottle of Blue Stratos aftershave. Admittedly not the best prize for nine-year-old.

Over the years, I generally always win something in the raffle. I have also discovered that, if the raffle win is not to your taste, it is worthwhile asking for a substitute prize.

When I won a year’s admission to Curves (a women-only gym) in the office raffle, I persuaded the compere to swap my raffle win for a year’s supply of ice cream. When I won a brand-new kindle, I persuaded my employer to swap it for a “Knit Your Own Dog” kit.

However perhaps the days of office raffle “swapsies” are over…

Let’s consider the recent tribunal case concerning Mr Zakaria Kioua. He was employed by Lainston House, a five-star luxury hotel in Hampshire, as a Linen Porter. At the staff party, which he didn’t attend, his raffle ticket was drawn. He won a bottle of cognac. Gaius Wyncoll, the HR Manager, commented that Mr Kioua did not drink alcohol and suggested the substitution to a box of chocolates. Mr Kioua was a Muslim.

Mr Kioua’s manager said “yes” to the substitution and took the chocolates in Mr Kioua’s absence.

The following day, Mr Kioua was immediately delighted on being told of his French brandy win and then subsequently upset on being told about HR’s swap for some cheap chocolates. He challenged his manager who was apparently dismissive of his complaint. It is perhaps of note that Mr Kioua had previously been given a bottle of Taittinger champagne on his one-year anniversary in post. He had given the bottle to his manager. So, his manager knew that he had no objection to being given the alcohol, albeit he couldn’t drink it.

Mr Kioua lodged a grievance about the swapped raffle prizes. Mr Wyncoll, HR Manager, handled his grievance. Not the best person, given his involvement in the swap. During the grievance hearing, Mr Kioua made reference to his religion and suggested that his employer’s behaviour amounted to racism. Mr Wyncoll suggested that the raffle prize had been tailored to him and that this was a thoughtful gesture. He added, “If someone has got a nut allergy and they were given a box of chocolates that contained nuts, do you feel it would be appropriate that we then change that prize on the night?”

Mr Kioua rejected this and alleged that his employers had used his religion to get what they wanted. He also told HR that a religious belief is not an illness. His grievance was dismissed and Mr Wyncoll told him that the swap had absolutely no connection with religious beliefs.

Mr Kioua lodged a claim of harassment related to his religion. The employment tribunal had to determine whether Lainston House’s conduct had the “purpose or effect” of violating Mr Kioua’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him?

It is worth noting, at this stage, the words “purpose or effect”. It doesn’t really matter how well intentioned the swap was. If the “effect” was such that it caused Mr Kioua distress, then that satisfies the definition of harassment.

The tribunal held that a nut allergy is a life-threatening illness. It was not an acceptable point of comparison for the HR Manager to make, since it minimised the importance of Mr Kioua’s belief. This comparison should not have been made, just as the decision should not have been made to change his raffle prize. Both incidents were related to his religion and neither should have happened. Both were offensive and caused Mr Kioua distress. As a result, Mr Kioua was awarded compensation of over £2000.

So, take my advice. At the office Christmas raffle, no matter how well-intentioned the thought process, do not allow an employee to swap their raffle prize for another. Even if you believe Tommy the mailman will never use his luxury spa treatment or Jane, the HR Director, won’t welcome a three-pack of Calvin Klein boxers, let’s stop the office Christmas raffle swapsies this year.

Who needs another “Knit Your Own Dog” kit anyway?

Simon Allison is an Employment Partner, Blackadders: @EmpLawyerSimon