Last month, luxury clothing retailer Ted Baker hit the headlines when Founder and CEO Ray Kelvin took a leave of absence after allegations into his conduct were investigated.
One of the key accusations against him was his habit of “forced hugging”, along with other examples of harassment against female staff members.
But what causes a potentially friendly hug to cross the line into serious harassment territory?
DAS Law’s Lucy Kenyon suggested that there is no definitive answer to this. “However, if on either side the contact is forced, coerced, or in any way unwanted then it is not acceptable,” she added.
“A ‘culture of hugging’ [similar to the one described at Ted Baker] is unacceptable as it can cause people to be intimidated into hugging.”
“Likewise, anyone may feel that they have to participate in a hug with their seniors which can create an environment as outlined above.”
It seems that, at Ted Baker, the boss’s attitude towards hugging was considered normal, even though many staff members were left feeling uncomfortable by his actions. “Ray [Kelvin] greets many people he meets with a hug, be it a shareholder, investor, supplier, partner, customer or colleague,” the company said in a statement.
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“Hugs have become part of Ted Baker’s culture but are absolutely not insisted upon.”
But many staff members have expressed their discomfort with this attitude. One anonymously told the BBC’s Today programme that “…these hugs were extremely physically imposing, as well as awkwardly long, often conducted very publicly in front of the whole office.”
So, should hugging be banned in the workplace?
Kenyon suggests that employers should simply not hug their staff members to avoid any possible discomfort. “From an employer’s perspective, in light of the above, the #MeToo movement, and society’s shifting attitudes towards sexual harassment, employers should limit contact to (voluntary) handshakes, or even high fives and fist bumps, so as to limit the possibility that an environment could be intimidating, hostile, degrading or offensive for anyone,” she explained.
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However, James Watkins, an Employment Lawyer at Slater and Gordon, told the BBC that not all physical contact is inappropriate, and there’s nothing to stop consenting adults hugging in the workplace.
“But would-be huggers should be mindful that not everyone will welcome a hug and the context will often not be suited to one,” he added. “It would be entirely understandable for an employee to feel awkward or even intimidated if their boss goes in for a hug.”
While banning all forms of hugging might come across as draconian, it is important for managers and bosses to keep in mind the power gap between themselves and their reports. While an employee may feel comfortable rejecting a hug from someone at their own level, when it comes from someone higher on the hierarchy than themselves, they might feel unable to protest.
