A former Crown Office employee has launched legal action claiming she was sacked because she raised sexual harassment allegations against another member of staff.
Kirsten Fordham claims she was victimised after flagging concerns to management in October 2019 and has now been allowed to pursue her case at an employment tribunal.
Within weeks of asking to move desk due to harassment, she went on to face disciplinary action for improperly accessing case records of family members and other people she knew.
Ms Fordham, who began working with the Crown Office and Procurator Fiscal Service (COPFS) in April 2019, was eventually dismissed in October 2020.
She initially launched a tribunal claim for sexual harassment, victimisation and age discrimination, but a preliminary judgment on the case ruled that only the victimisation claim was allowed to proceed as the other claims were out of time.
She also does not have the necessary two years’ service to pursue a claim for unfair dismissal.
The judgment states: “The judgment of the tribunal is that it is just and equitable to allow the claim of victimisation under s27 of the Equality Act to proceed. A final hearing will be listed to consider this claim.
“All other claims are out of time and the tribunal has no jurisdiction to consider them.”
The tribunal heard that when Ms Fordham first raised a complaint of sexual harassment, she only wanted to move desk and not take anything further as the wife of the employee she accused also worked at COPFS.
However, she later raised it again with her line manager after receiving an email from the colleague involved.
It was also raised again during her disciplinary hearing. At this point she was encouraged to raise a formal grievance or complaint but did not do so.
The tribunal will consider the victimisation claim at a later date.
A Crown Office spokesperson said: "COPFS values its employees very highly and their welfare is of great importance to the organisation.
“Harassment of any kind is not tolerated and there are robust policies in place to deal with allegations of inappropriate behaviour.
“COPFS will continue to defend this action and it would, accordingly, not be appropriate to comment further on the substance of this case.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel