A UK employment tribunal judge ruled that a gesture in the form of an “air kiss” from a colleague cannot be considered sexual harassment.
The decision was made following a legal dispute involving Jin Jin Chen, a staff member at a whiskey bar in Brighton, who accused her manager, Paul de Newtown, of sexual harassment. During an incident in the fall of 2021, de Newtown blew Chen an air kiss as he saw her off after her shift.
Chen claimed that the gesture was sexual harassment. However, Judge Perry, who heard the case, stated that an air kiss is not “unwanted sexual behavior.” The judge also pointed out that Chen had misinterpreted the gesture as harassment and added that de Newtown was likely a more accurate witness to the incident.
