'HR can learn from this' | Calling co-worker 'sour & bitter' could be sex discrimination, says employment judge

An employment judge has ruled that referring to a colleague as “sour and bitter” could amount to sex discrimination.

The ruling paves the way for an employee to pursue claims of sexual harassment, unfair dismissal, and age discrimination once again after a previous dismissed the case of Sue Kemsley, who worked for Cambridgeshire county council’s archive service for over a decade, and sued for discrimination after being made redundant in 2019. 

Her case centred on allegations of inappropriate remarks by her manager, Richard Anderson, who described her as a “sour and bitter individual” in an email and referred to her as “that woman.”

Although her claims were dismissed by the original employment tribunal in 2022, the Employment Appeal Tribunal (EAT) ruled that significant procedural failings in the original hearing, including relying too heavily on evidence from the council, justified a retrial.