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Tribunal Confirms: Air Kiss Is Not Sexual Harassment!
3 Minute Read
3 Minute Read

My standing advice – just don’t touch your colleagues remains in place, however, an interesting judgement was recently published in the case of Chen v Cut Your Wolf Loose. Chen joined the Cut Your Wolf Loose whisky bar in Brighton as part of its opening team in 2021, working under the bar’s owner, Mr. Woolf.

The Allegations:

Chen made several allegations against her colleague, in relation to sexual harassment she stated that her colleague attempted to passionately kiss her. The Tribunal didn’t find her account credible and preferred a version of events where a consensual hug and then an ‘air kiss’ occurred.

For those not in the know, an air kiss, is a non-contact kiss usually made at the side of the face (normally with a sound effect!).

The Tribunal’s Findings:

The Tribunal Judge stated in his finding:

I do not consider an air kiss is unwanted conduct of a sexual nature. Alternatively, if it is sexual, it is not at a level, even taking into account the Claimant’s perception, where it is reasonable for it to have the prescribed effect on her.

What this means is, even if it was sexual, it wasn’t enough to affect the Claimant’s dignity or cause her to experience a humiliating, degrading, offensive etc…. environment.

Why This Matters:

A sensible decision by all accounts, but also a reminder as to why it is crucial that we train our staff on sexual harassment, what it is, what acceptable behaviour is and understand where the law takes effect.


Protect Your Business and Your Workforce:

Training doesn’t have to be difficult or time-consuming. Our sexual harassment prevention e-learning course equips your team with the knowledge to prevent incidents before they occur—all in just a few hours, from anywhere, for only £35 per employee. Plus, you’ll earn a CPD certification, showcasing your commitment to a safe and respectful workplace. Book a quick demo here!

Hroes e-learning course overview

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