It's not harassment to say 'you're my b***h now' to junior colleague, tribunal rules

Telling a new junior colleague 'You're my bitch now' is not harassment, a tribunal has ruled.Radio station manager Gavin Harper made the comment 'as a joke' when he felt that new employee Craig Milne was not recognising he was subordinate to him. It was taken as a joke by everyone that heard and Mr Milne had not immediately complained. But when Mr Milne fell out with his colleagues in the following week, he raised the incident of the comment and demanded an investigation. Mr Milne argued the comment made him 'feel degraded and worthless as a person' and sued his employer, Coast Radio, in Scotland, for sex harassment and discrimination. He also accused Mr Harper of 'feeding lies' and said he had sought counselling for the 'stress you have caused me'. The judge at Aberdeen Employment Tribunal ruled it is not sex harassment if an employee is simply making the remark to 'assert their authority' if they need to reinforce the 'hierarchy'.Mr Milne's lawsuit was against WBC Media CIC, which is a community interest company set up to run Coast Radio in Peterhead, Aberdeenshire, which was established in 2023. Craig Milne (pictured) sued his employer for sex harassment and discrimination after a senior colleague told him 'you're my b***h now' Mr Milne's lawsuit was against WBC Media CIC, which is a community interest company set up to run Coast Radio in Peterhead, AberdeenshireIt hired Mr Harper as its Station Manager and sole employee. Mr Milne knew all of the directors of the company so he joined to help Mr Harper run the station in May 2024.It was agreed he would work 20 hours a week for £12.50 per hour and would also receive £20 per advert. He was hired to assist Mr Harper with various tasks.It was heard Mr Milne submitted two invoices saying he worked significantly longer hours than contracted and there was a disagreement around money as the radio station could not afford the increased invoices.On August 21, 2024, Mr Milne was invited to a 'relaxed and light-hearted' meeting with the directors and Mr Harper.Outlining what the directors told Mr Milne, the tribunal said: 'Whilst they would like [Mr Milne] to continue to assist them on particular matters, each piece of work would need to be discussed and costed in advance.'This was to provide them with certainty regarding the amount of [Mr Milne's] invoices.'Any/all work requests would require to go through [Mr Harper], who would also agree in advance with [Mr Milne] the amount which could be invoiced.'[Mr Milne] agreed to this and gave a thumbs up sign.'[Mr Harper], who felt that up to that point [Mr Milne] had not recognised/respected his position of Station Manager, laughed and stated 'you're my b***h now'.'Others in the room, laughed at this, taking it as a joke.'The meeting continued, then ended amicably. [Mr Milne] then did around 30 minutes of work and left the office.'[Mr Milne] raised no issues/concerns during the meeting, or immediately after.'[Mr Harper] believed that [Mr Milne] had also laughed at the comment made, and had taken this as a joke.'Two days later, a radio presenter thought they saw Mr Milne and Mr Harper arguing and mentioned it to a director.Mr Milne accused them of 'feeding lies', but he had been 'experiencing some difficult personal circumstances at that time' so no one pressed the matter.It had, however, upset Mr Milne and he asked his colleagues to 'please respect my space.' Radio station manager Gavin Harper made the comment 'as a joke' when he felt that new employee Mr Milne was not recognising he was subordinate to himOn August 26, Mr Milne asked Mr Harper about an advert that needed amendment, and Mr Harper responded: 'Sorry I thought you needed space so didn't want to bother you, are you happy to do an amendment to it?'Mr Milne said: 'Thank you for clarifying but you seem to think a lot that isn't reality Gavin.'I'm seeking counselling and being advised from your behaviours and stress you have caused me from lies.'With this, please do not contact me again. I will be dealing directly with directors to expose the truth with evidence.'Mr Harper replied: 'Sorry what are you talking about?' But Mr Milne had blocked his number.The following day Mr Milne sent an email to the directors saying: 'I am writing directly about unreasonable and unlawful treatment that I have been subjected to within the Coast Radio workplace.'My complaint is regarding sexual harassment.'During my time within Coast Radio regular inappropriate comments from Mr Gavin Harper of a sexual nature were made towards myself.'This includes, of recent, Mr Gavin Harper on Wednesday August 21, 2024, at a meeting at Coast Radio where he stated to me 'your my b***h now'.'This has became a regular occurrence from Mr Harper in the way of degrading and foul language that causes alarm and makes me feel degraded and worthless as a person.'The conduct described above was unwanted towards myself and inappropriate in front of others. A workplace should not be exposed to sexual harassment.'He demanded an investigation and to not have to see Mr Harper.An investigation was commenced but Mr Milne did not answer any further communications from the company and the radio stopped broadcasting in November 2025.At Aberdeen Employment Tribunal, Employment Judge Melanie Sangster threw out most of his various claims.These included direct sex discrimination, harassment related to sex, victimisation, detriment as a result of making a protected disclosure and unfair dismissal.Regarding the 'you're my b***h' comment, Judge Sangster concluded: 'He made the comment to assert his authority over [Mr Milne], in circumstances where he felt [Mr Milne] had not recognised this in the past, not because of [Mr Milne's] sex.'For these reasons, [Mr Milne's] complaint of direct discrimination in respect of this does not therefore succeed and is dismissed.'In context, the comment was not conduct of a sexual nature: [Mr Harper] was asserting that [Mr Milne] was subordinate to him in the hierarchy.'There was no evidence before the Tribunal which suggested, or from which it could be inferred, that the comment was of a sexual nature.'The directors failing to intervene was also not conduct of a sexual nature.. [Mr Milne's] complaint of harassment regarding this does not therefore succeed and is dismissed.'The company has however been ordered to pay Mr Milne £1,406 which was found to have been unlawfully deducted from his wages.