Civil servant who tried to sue the MoD has claim thrown out

Civil servant who tried to sue the MoD after senior Army officer called her a ‘clever woman’ is labelled ‘hypersensitive’ by a judge as her sex discrimination claim is thrown out

  • Christine Rodgers was labelled a ‘clever woman’ but also ‘manipulative’
  • But civil servant will receive compensation after winning unfair dismissal claim

A civil servant tried to sue the Ministry of Defence for sex discrimination after a senior Army officer called her a ‘clever woman’.

Christine Rodgers launched legal proceedings against the MoD and alleged she was the victim of sex discrimination after Lieutenant Colonel Simon Watkins made the comment.

Lieutenant Colonel Watkins, Commanding Officer at the MoD’s Defence School of Transport (DST), said Miss Rodgers was a ‘a clever woman’ but could be ‘manipulative’.

At an employment tribunal, Miss Rodgers also accused the senior officer of saying she had a ‘problem with robust banter’ and ‘didn’t like men’.

But all of Miss Rodgers claims of sex discrimination were thrown out – with a judge describing her as ‘hypersensitive’.

Christine Rodgers launched legal proceedings against the Ministry of Defence (pictured) and alleged she was the victim of sex discrimination after Lieutenant Colonel Simon Watkins called her a ‘clever woman’ 

However, Miss Rodgers won a claim of unfair dismissal following her sacking and is now in line to receive compensation from the MoD.

The tribunal heard Miss Rodgers was transferred to the DST in Leconfield, East Yorkshire, in December 2019, following a posting at a base in Wiltshire.

The DST, at Normandy Barracks, is responsible for driver and transport management training to Britain’s military.

The Army, the Royal Navy, and the Royal Air Force are all schooled at the DST.

An employment tribunal, held in Leeds, heard Miss Rodgers was caught up in an internal investigation after she made bullying allegations about a staff member called Lee Moore and he made counter allegations about her.

After she was later sacked, she sued the MoD for sex discrimination and claimed Lt Col Watkins, who was Chief Instructor at DST at the time, had said she ‘didn’t like working with younger females’.

However, it was heard he said there was a ‘common theme with Miss Rodgers’ actions that she resented being managed and held to account, particularly by younger female members of staff and males’.

She claimed he said she had a problem with ‘robust banter’ and ‘didn’t like men’, however the tribunal found these allegations were baseless.

Miss Rodgers is due to receive compensation from the MoD after she won her case against it of unfair dismissal 

Miss Rodgers also described Lt Col Watkins’ words as ‘intolerable’ – but the tribunal ruled ‘that it is in keeping with the somewhat emotive and perhaps hyperbolic form of language that she is prone to’.

The tribunal added: ‘This is an example of her hypersensitivity after the event in seeking to impute ill motives and extract any reference potentially made in relation to her sex from which she might construct a claim.’

In addition, Miss Rodgers took offence at being called a ‘clever woman’.

A tribunal report said: ‘The remaining allegation in this context is that Mr Watkins has referred to her as ‘a clever woman’.

‘There is no dispute that he did that. It is reported that he has called Miss Rodgers ‘a clever woman but that through her actions he felt that she could be manipulative’.’

Employment Judge Philip Lancaster decided that was not discriminatory.

Judge Lancaster said: ‘The word ‘woman’ is of course unnecessary but we accept Mr Watkins’ evidence that what he was referring to was his general perception of Miss Rodgers that she was an educated person, that she was well read, extensively travelled and clearly articulate.

‘He need not have referred to her as a woman but in doing so again it is quite evident that he did not intend any adverse effect upon her related to her sex.

‘And equally, viewed objectively, it cannot reasonably be construed as creating an unwanted environment for her.

‘This is entirely different to the case where the use of the word woman might be in a pejorative context, for instance if someone referred to somebody as a ‘stupid woman’ or worse, but that is not what happened here.

‘We accept Mr Watkins’ evidence that the reason he formed this opinion of her was not because of her sex but because of the observed and reported behaviours while she was working under him.’

Miss Rodgers was transferred to the MoD’s Defence School of Transport (pictured) in Leconsfield, East Yorkshire in 2019

The tribunal heard Miss Rodgers suffered a breakdown in her working relationship with bosses at DST over her wanting to be transferred to Northern Ireland to be with her ill mother.

She refused to attend disciplinary hearings after sending angry emails.

The tribunal found her dismissal in 2021 was unfair as as she was not told exactly what ‘bullying’ she was accused of, not given a chance to address that concern, was subjected to investigation delays, and bosses didn’t fully consider her case.

Compensation for unfair dismissal will be awarded at a later date.

Her claims of sex discrimination and disability discrimination were thrown out.

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