An Aberdeen Employment Tribunal has ruled that telling a junior colleague "you're my b***h now" does not amount to sexual harassment or discrimination under workplace equality laws. Employment Judge Melanie Sangster made the judgment after former Coast Radio employee Craig Milne attempted to sue the now-defunct station.
Mr Milne claimed that station manager Gavin Harper subjected him to sexual harassment and discrimination when he made the comment "as a joke". The tribunal dismissed most of his claims, including direct sex discrimination, harassment related to sex, victimisation, detriment as a result of making a protected disclosure, and unfair dismissal.
Judge's reasoning on the comment
Judge Sangster said: "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."
She added: "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."
Background to the dispute
The dispute began after Mr Milne joined Coast Radio in Peterhead, Aberdeenshire, in May 2024 to assist Mr Harper in his role as station manager. It was agreed that he would work 20 hours a week for £12.50 per hour and would also receive £20 per advert. The station was run by WBC Media CIC, a community interest company.
Mr Milne later submitted two invoices saying he worked significantly longer hours than contracted, and there was a disagreement around money. The radio station could not afford the increased invoices, the tribunal heard.
Meeting and aftermath
On August 21, 2024, Mr Milne was invited to a "relaxed and light-hearted" meeting with the station directors and Mr Harper. At the end of the meeting, the tribunal heard: "[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 bitch 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."
Two days later, a radio presenter thought they saw Mr Milne and Mr Harper arguing and mentioned it to a director. On August 26, Mr Milne asked Mr Harper about an advert that needed amendment. Mr Milne responded that he would not deal with Mr Harper and would speak to the directors instead before he blocked his number.
The following day, Mr Milne sent an email to the directors claiming he had experienced sexual harassment. "During my time within Coast Radio regular inappropriate comments from Mr Gavin Harper of a sexual nature were made towards myself," the tribunal heard. "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'."
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, and the station stopped broadcasting in November 2025. Mr Milne later took his case to tribunal.
Despite dismissing most of his claims, Judge Sangster ordered the company to pay Mr Milne £1,406, which was found to have been unlawfully deducted from his wages.
