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Daily Record
Daily Record
National
Ellie Forbes & Claire Galloway & Victoria Weldon

Scottish civil servant 'tied to chair and gagged by colleagues' to pursue unfair dismissal claim

A civil servant sacked by the Scottish Government over claims she lied about being tied up and gagged by colleagues will pursue a whistleblowing claim at an employment tribunal.

Marine Scotland worker DeeAnn Fitzpatrick was photographed taped to a chair in a picture which went viral in 2018.

She claimed she was subjected to the ordeal because she blew the whistle on misogyny and abuse in an office.

But bosses found she lied about the timing and nature of the incident, which was deemed "high jinks".

A probe found the men involved had "no case to answer" and Ms Fitzpatrick was instead dismissed for gross misconduct.

The Canadian claims the dismissal was unfair and is pursuing her case through an employment tribunal to be reinstated by Marine Scotland.

DeeAnn Fitzpatrick claimed she was subjected to the ordeal because she blew the whistle on misogyny and abuse in an office (UGC MSN)

But the tribunal has now rejected her bid to pursue sex, age, race, religion and disability discrimination claims.

It has allowed her to proceed with the assertion she was dismissed because she made protected disclosures.

She will now pursue her case in full at the employment tribunal next month in a bid to be reinstated by Marine Scotland.

In a written judgment on his decision, employment judge Alexander Kemp said it was "in the interests of justice" to refuse the discrimination claims.

He added that he has permitted the whistleblowing claim on a "restricted" basis, relating only to two emails.

One contains information about an alleged assault in the workplace and another about the chair incident.

Ms Fitzpatrick told the tribunal colleagues in Marine Scotland's Scrabster office called her a "f***ing Canadian r****d", "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."

DeeAnn Fitzpatrick (PA)

Solicitor Andrew Gibson told to the tribunal 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."

The lawyer added that a forensic expert found that the photograph was taken in 2009, not in 2010, which disputes Ms Fitzpatrick's claim 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."

 
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