Manager referring to an employee as “sour and bitter” found to be discriminatory

A recent tribunal case has shown that referring to an employee as “sour and bitter” could amount to sex discrimination. An appeal tribunal has found that such comments made by a line manager, especially when used alongside references to “that woman”, could amount to discrimination.

In the case, Ms Kemsley worked for Cambridgeshire County Council in their archive service. The language was used about her in emails sent by her manager, Mr Anderson, with whom she had a strained working relationship. Ms Kemsley made it clear to her employer in 2018 that she did not want to be supervised by Mr Anderson.

Ms Kemsley kept a log of the issues with Mr Anderson and claimed he repeatedly made derogatory remarks about her including telling her that her top was “revolting” and recommended she go and “see a psychiatrist” due to her “serious psychological problems.” Then in August 2018 Mr Anderson sent an email to her line manager at the time in which he labelled Ms Kemsley a “sour and bitter individual.”

Ms Kemsley informed the appeal tribunal that such a comment alongside using the term “that woman” showed Mr Anderson had discriminatory attitudes towards her sex.

Ms Kemsley claimed that comments about her “revolting top” and the suggestion she seek psychiatric help could constitute detriments. The appeal agreed with Ms Kemsley’s claims and referred the matter for a new hearing at a first stage tribunal.

Employer learning from the case

This case highlights key lessons for employers:

Investigate any concerns raised by an employee about potential discrimination in the workplace. Investigations need to be unbiased and thorough.

• Investigating managers must consider the impact of comments upon the recipient and how they are perceived.  

• The investigation must explore and consider the impact of comments on a recipient and the feelings they create. Consider the significance of what the recipient has experienced.

• Investigation managers must probe why the perpetrator said what they did to understand the intention behind comments and remarks.

• Investigators need to be aware that comments made about an employee’s demeanour, dress sense and appearance may be deemed as unwelcome or offensive to the recipient. The investigators need to consider if such comments risk being seen as sexual harassment.

• Investigations should give equal weight to both sides of a dispute.

• Managers (and employees) should keep detailed records of issues as they arise.

• Ensure employees at all levels are clear on how to report concerns about harassment and bullying.