A supportive hand on the shoulder is not sex harassment - tribunal

Putting a supportive hand on a female colleague’s shoulder in a ‘fatherly’ way is not sex harassment, a tribunal has ruled.

Employment Judge Robin Havard said the gesture may instead signal support and is not done in a way to humiliate or intimidate the recipient.

In the case of HR employee Yvette Rankmore, she approached a tribunal against a city council after her male supervisor placed his hand on her shoulder while giving advice.

Ms Rankore admitted that it was a ‘fatherly type gesture’ – but said she did not consider that it was ‘appropriate’ in the workplace.

Nevertheless, the tribunal noted that Ms. Rankmore didn’t address the incident with her boss and rejected her claims, stating that the male supervisor’s actions were not intended to compromise her dignity.

The employment tribunal, held in Cardiff, was told Ms Rankmore started working for the city council in 2004.

In 2023, Ms Rankmore was a people services advisor at the authority and she sat opposite Jason Carlson in the office.

The council worker alleged to the tribunal that there were occasions where Mr Carlson was ‘putting his arms around me’.

A judge at Cardiff Employment Tribunal (above) said Yvette Rankmore had 'accepted that Jason Carlson had done so in, 'a fatherly way' and that his conduct was not of a sexual nature.'

A judge at the Cardiff Employment Tribunal (above) mentioned that Yvette Rankmore acknowledged Jason Carlson did so in “a fatherly way” and that his behavior wasn’t sexual in nature.

She mentioned she ‘avoided’ visiting his desk but noted, ‘if he wanted to talk, he’d come to my desk and still put his arms around me.’

During the proceedings, Ms Rankmore told the judge that her boss would put an arm around her shoulder.

Ms Rankmore told the panel that her boss had placed an arm on her shoulder or back two or three times over a four-and-a-half month period.

Ms. Rankmore stated that Mr. Carlson acted similarly with others, and a council colleague confirmed in testimony that he would ‘place an arm on someone’s shoulder supportively when demonstrating something.’

The panel heard that in later 2023, Mr Carlson also made an ‘inappropriate comment’ about her daughter which ‘changed’ her opinion of her boss.

The following June, she raised concerns over the conduct of Mr Carlson to other senior figures at the authority.

The council worker was offered mediation but she declined this and informal resolution proceedings commenced.

The allegation of Mr Carlson putting his arm around Ms Rankmore was upheld – but it was found that he ‘had not realised this caused offence’.

According to the panel, Mr. Carlson later underwent ’emotional intelligence and management’ training and attended another session with his team about the law concerning sexual harassment.

But, in August 2024, Ms Rankmore lodged a formal resolution application and said she felt as if the informal process had not led to a ‘satisfactory outcome’.

Her concerns were not upheld and she again appealed the findings, but a subsequent hearing found both formal and informal investigations had been ‘robust and appropriate’.

The advisor took the council to a tribunal, alleging sex and sexual harassment, among other claims.

In her written evidence, she said Mr Carlson was putting his arms around her and ‘rubbing’ her back.

The panel said that they were ‘concerned’ that Ms Rankmore had ‘exaggerated’ Mr Carlson’s conduct by making it sound ‘more intimate’.

The tribunal accepted Mr Carlson’s evidence that he was a ‘tactile person’ and said he also behaved the same way towards other staff.

Employment Judge Robin Havard said the tribunal also accepted Ms Rankmore’s evidence that she found his conduct inappropriate and that it made her feel uncomfortable.

But the tribunal found that ‘Mr Carlson had placed his arm on (Ms Rankmore’s) shoulder in a supportive manner and there was no evidence to suggest that (Ms Rankmore) was ‘singled out’ for such contact.

‘Whilst this may have been unwanted conduct, the Tribunal was not satisfied that it related to (Ms Rankmore’s) sex.’

The judge said Ms Rankmore had ‘accepted that Mr Carlson had done so in, ‘a fatherly way’ and that his conduct was not of a sexual nature.’

All claims made by Ms Rankmore were brought to the tribunal too late.

But the judge said that in any event, they would have been dismissed.

You May Also Like

Katie Zacharia Denies Rumors She’s Seeking Her Former Job Again

Katie Zacharia has rejected claims that she was trying to win back…

Andy Burnham backs Mail dementia carers fund, shares family struggle

Andy Burnham has spoken candidly about the devastating pressure his mother faced…

How Ariel Winter Says Hollywood Blacklisted Her Over a ‘Trampy’ Mistake

As the bespectacled, endearing overachiever Alex Dunphy in Modern Family, Ariel Winter…

US Removes Aircraft From Second British Base Amid Iran Threat: Report

The US military removed additional aircraft from an air base in England…

Blue Angels Pilot Removed From Duty for Failing to Meet Standards

A Blue Angels pilot has been removed from the team after failing…

One Nation Drops Candidate Days Before Election Over Social Media Post

One Nation has dropped its Victorian election candidate for Preston just days…

Cause of illness that hospitalized 27 at Santa Barbara Half Marathon

The mystery behind the “unusual symptoms” reported by dozens of runners at…

Labour’s Lucy Powell Regrets Ed Miliband’s Russell Brand Interview

Lucy Powell has faced criticism after saying there had been no clear…

Judge Denies Lindsay Clancy’s Bid to Dismiss Murder Charges in Duxbury Children’s Deaths

A judge has rejected Lindsay Clancy’s bid to have the murder charges…

Conan O’Brien Says He’s Devastated by Rob and Michele Reiner Murders

Conan O’Brien paid an emotional tribute to Rob and Michele Reiner at…

California Voters Reject Billionaire Tax in Blow to Progressives

California voters have rejected a controversial proposal that would have created the…

Ex-NYPD Detective Among 4 Arrested in Major NYC Drug Ring Bust

A retired NYPD detective was among four people arrested in an alleged…