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 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.
