An 'air kiss' ruled not sexual harassment by UK tribunal

Edina and Patsy from the British comedy series Absolutely Fabulous can breathe a heavy sigh of relief.  

A UK employment judge has ruled that giving a colleague an “air kiss” does not amount to sexual harassment. 

Judge Perry said the gesture could not be regarded as “unwanted conduct of a sexual nature”. 

The ruling came at a tribunal held in Croydon, south London, that dismissed the claim of a Brighton whiskey bar worker, Jing Jing Chen, who made allegations against her fellow employees at the Cut Your Wolf Loose bar. 

Chen claimed she was sexually harassed by her manager, Paul de Newtown, who gave her an air kiss after walking her home following shifts in the autumn of 2021.  

The tribunal found that Chen had “misinterpreted” the gesture as a sexual advance. 

Perry said: “On balance, I consider the most likely factual scenario here to be that Mr De Newtown gave the claimant an air kiss after hugging her and that she misinterpreted this as a sexual advance.” 

“I consider that Mr De Newtown is likely to be a more accurate witness than the claimant in relation to this incident. I broadly found Mr De Newtown to be an honest and straightforward witness. By contrast, the claimant’s evidence has been inconsistent in a number of ways.” 

Perry added: “I do not consider that an air kiss is unwanted conduct of a sexual nature.”  

All claims made by Miss Chen were dismissed. 

What is air kissing and what does this ruling mean?

Essentially, it’s doing going “mwah, mwah” on either side of someone’s face without actually making lip-to-cheek contact.

Jennifer Saunders and Joanna Lumley, who played Edina and Patsy in Absolutely Fabulous, popularised the greeting gesture in the UK.

While some may consider the ruling a victory for common sense, there may be others who consider this a question of cultural differences and misunderstandings regarding a delicate social exchange.

The UK, as opposed to France and Italy, for example, are not known for rubbing faces when it comes to saying hello. Handshakes, first bumps, maybe a high five or a hug if you’re on friendly terms with the other person, are more common greetings in Britain. Not everyone has adopted air kissing and those who have are often dismissed as trendy poshos from the south.

In France and Italy, it is often seen as a social faux pas not to greet someone with la bise or il salute; and even in those countries, there are multiple ways of doing per region. Whatever the number of kisses per cheek or the amount of contact and noise that accompanies the gesture, the main rule is: avoid the recipient’s earhole at all costs.  

It’s a part of the culture, whereas in Britain, there is a general sense of discomfort when air kissing replaces the good old handshake. It’s not part of their cultural heritage.

While the recent ruling when it comes to Jing Jing Chen’s case is a victory when it comes to falsely accusing someone of sexual harassment, it is worth keeping these social interaction habits in mind the next time you want to greet someone and avoid making them feel uncomfortable.

Whatever happened to doffing the cap?