Can an air kiss be sexual harassment?

The case was between a hospitality worker who claimed she was sexually harassed by her manager at the bar she worked at in Brighton. She told the tribunal he hugged her and kissed her on the neck after walking her home. Her manager said he only gave her an air kiss.

According to TW’s Head of Employment, Emma Thompson the judge ruled in this case that the “air-kiss” was a misinterpretation of a sexual advance. The context and perception of this gesture would have been entirely relevant when reaching this conclusion.

Emma commented ‘’It is important to understand that conduct does not have to be physical for it to amount to sexual harassment. Sexual comments, noises or gestures can amount to sexual harassment – importantly, this must be unwanted and of a sexual nature. In this case, the judge was not persuaded on the Claimant’s evidence that this conduct was of a sexual nature, which is why this claim failed. Notwithstanding this judgment, employers have a preventative duty to take reasonable steps to ensure sexual harassment does not occur in the workplace and a failure to do so could lead to costly financial awards, not to mention serious damage to their reputation.’’

If you need advice or have any further queries, please do get in touch with Emma or one of the Employment team on 0208 290 0440 or email hello@thackraywilliams.com.