Whilst Mr Jackson may well have stretched and shown his bare biceps we do not find that when so doing he had the purpose of violating the claimant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. If the claimant did have such feelings then taking into account the perception of the claimant and the other circumstances of the case, principally Mr Jackson being dressed in a t-shirt on a dress down Friday and stretching his arms, we would not consider it reasonable for his conduct to have had such an effect on the claimant.

In Zarina G. evidence we’ve heard, and even seen her upbeat demonstration of man kissing his bare biceps saying :

‘welcome to the guns shop’.

We are not satisfied that (…)in the circumstances it was reasonable for the claimant to feel uncomfortable.

(…)we cannot be satisfied that there was any intention on the part of Mr Jackson to harass the claimant, and looking at the claimant’s perception and the other circumstances we do not consider it reasonable