A civil servant who was sacked over claims she lied about being tied up and gagged by her colleagues has launched a claim for unfair dismissal against the Scottish Government.
DeeAnn Fitzpatrick claimed she was subjected to the ordeal because she blew the whistle on misogyny and abuse in a Marine Scotland office, but bosses found that she lied about the timing and nature of the incident, which was deemed “high jinks”.
A photograph of her taped to a chair went viral at the peak of the #metoo movement in 2018, prompting a national outcry and investigation by the government body.
The probe found the men involved had “no case to answer” and Ms Fitzpatrick was instead dismissed for gross misconduct.
She is now claiming the dismissal was unfair and seeking to be reinstated by Marine Scotland.
The Canadian also wants permission to pursue a whistleblowing claim against the organisation, as well as discrimination claims on the grounds of sex, age, race, religion and disability.
In a hearing into her bid to pursue the additional claims, she told the tribunal that colleagues in the body’s Scrabster office called her a “f***ing Canadian retard”, “wh**e” and “old troll”.
She said: “I begged to have a work environment that was safe, to be able to go to work and do the job I was being paid to do, and that environment was not provided by my employer. I was left to my own defence within an office that was feral, in an office that they knew was misogynistic and racist. And because I spoke out, I was dismissed and I am now in an employment tribunal.”
Ms Fitzpatrick claims that she made several public interest disclosures to Marine Scotland which contributed to her dismissal.
These include emailing a diary of bullying and misogyny to HR in August 2010, reporting an alleged assault in the workplace in September 2010 and reporting the chair incident, which she claims took place in December 2010.
She is also trying to claim that she suffered religious discrimination when threatened with disciplinary action for taking time off to be at her father’s bedside, and that she was subjected to disability discrimination when bosses went ahead with her disciplinary hearing without her despite medical advice saying she was unable to attend.
Referring to her age, sex and race discrimination claims, she told the tribunal: “If I was a young, Scottish man I wouldn’t be here today.”
Solicitor Andrew Gibson told the tribunal that Ms Fitzpatrick was dismissed for lying about elements of the chair incident.
He said: “What is in dispute is that the incident took place against the claimant’s will and that it was in any way, shape or form an assault.
“My client’s position is that it was done entirely with her consent as part of the joking behaviour which was going on in the office.”
The lawyer added that a forensic expert found that the photograph was taken in 2009, not in 2010, which disputes Ms Fitzpatrick’s claim that it was done in response to her blowing the whistle.
Mr Gibson said: “That’s a significant falsehood which had significant consequences for two employees at Marine Scotland who were questioned by the police.”
He submitted that the additional claims should not be allowed to go ahead as they had been lodged late in proceedings and related to “very historic” incidents.
Employment judge Alexander Kemp will give his decision on the amendments in due course.
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