HUGGING IN THE WORKPLACE – IS IT ACCEPTABLE?
HUGGING IN THE WORKPLACE – IS IT ACCEPTABLE?

4 April 2019

Hugging has become a newsworthy topic lately, particularly given the allegations levelled at Sir Philip Green the owner of Top Shop and other high street stores. Also even more recently was the news that Ray Kelvin, the founder and chief executive of the fashion chain Ted Baker was accused of misconduct including inappropriate hugging.

At least 50 employees recorded incidents that they regarded as harassment and more than 200 employees signed a petition to draw attention to the problem.

There were claims that as well as engaging in frequent and inappropriate hugging, Mr Kelvin had asked some female employees to sit on his knee, cuddle him and allow him to massage their ears. Mr Kelvin denies all allegations of misconduct, but he did resign in the face of these allegations against him.

This may be an extreme example, but it does raise the question as to when physical contact such as hugging is acceptable and when it becomes unacceptable behaviour. What are the boundaries when it comes to physical contact in the workplace?

Naturally behaviour such as inappropriate touching, unwarranted or dominating physical contact and sexual advances are completely unacceptable. However, not all physical contact is inappropriate. Many people do engage in hugging at work within quite acceptable boundaries and between consenting adults, the emphasis being on “consenting”.  A sincere hug can be emotionally uplifting, especially if discussing ill health, comforting someone who has received bad news or in the course of a celebration.  Huggers should still be mindful that not everyone welcomes physical contact and to be aware of this and exercise some common sense.

The law regards unwanted physical contact as a violation of a person’s rights. It is therefore particularly important that managers and figures in authority do not take advantage of their position or make employees feel uncomfortable. Employees often feel that if they object to inappropriate physical contact it could jeopardise their career or even result in them losing their job. However, if a boss or someone in a position of authority forces an employee into a hug or any other physical contact that makes their employee feel uncomfortable or even violated, this should be reported to their HR department, a director or person in authority or a trade union representative or the behaviour is likely to continue. If the matter is not resolved appropriately and immediately then it is advisable to take specialist legal advice.

At Phillips Solicitors our Employment Law team will be happy to assist you with any aspect of employment law. For advice please contact Gill Brown on 01256 854605 or email [email protected]

Have more questions?
Our expert solicitors are here to take the worry off your hands.
Please call us or email and we’ll get back to you as soon as possible.
News
Use it or lose it – making use of your annual allowance
Use it or lose it – making use of your annual allowance

The Annual Allowance With the end of the current tax year fast approaching, anyone wishing to use their 2023/24 (and potentially their 2022/2023) annual allowance in relation to gifts o ...

More
Phillips Law urges people to get writing a Will off their to-do list.
Phillips Law urges people to get writing a Will off their to-do list.

This week (4 – 8 March) is Update your Will Week Phillips Law is encouraging people to consider the risks of not having a Will following new research revealing nearly half of UK adults ...

More
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE

Phillips Law is delighted to have advised Mactaggart Family & Partners and Longstock Capital Limited on a multi-million-pound agreement for lease with The AA to move their headquart ...

More
Deliveroo worker status judgment: implications for employers
Deliveroo worker status judgment: implications for employers

In our January update we reported on the Supreme Court decision in the long running dispute between Deliveroo and the unions representing many of its riders. You can read the full Judgm ...

More
New right to unpaid leave for carers
New right to unpaid leave for carers

From 6 April 2024 carers will have a day one right to request one week’s unpaid carer’s leave per year. Draft regulations for the Carer’s Leave Act 2023 provide the detail on this new r ...

More
Employment Update – January 2024
Employment Update – January 2024

Welcome to the new year! As we embark on 2024, it’s crucial to stay informed about the latest developments in employment law. Here’s a snapshot of key updates and changes th ...

More