Think of the Oscars or Golden Globes. Celebrities air-kiss on red carpets as an almost obligatory gesture, signalling mutual admiration while avoiding lipstick smears. It is often an exaggerated way of saying ‘I’m chic, not creepy.’ It’s not about romance; it’s about social protocol and avoiding an actual kiss! But could it be regarded as sexual harassment? Not according to the employment tribunal in the recent case of Chen v Cut Your Wolf Loose.
The Claimant was a bar-worker at the Respondent’s whisky bar. She alleged that the Respondent’s general manager had kissed her on the neck on two occasions after walking her home from work. She brought a claim of sexual harassment. The general manager alleged that these had been ‘air-kisses’ only. The tribunal preferred the evidence of the general manager and held that an air kiss is not unwanted conduct of a sexual nature. Even if it was sexual, it was not reasonable for it to have the effect of harassing the Claimant.
This case serves as a reminder that, in cases of harassment, when deciding whether conduct has had the effect of harassing the employee, a tribunal must take the following three things into account:
- The employee’s perception
- The other circumstances of the case
- Whether it is reasonable for the conduct to have that effect
In this case, the third of these was not established. It was not reasonable for an air-kiss to have the effect of harassing the Claimant.
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
