Ex Caithness Marine Scotland worker tied to chair loses £500k employment case

DeeAnn Fitzpatrick went viral in 2018 after a picture emerged of her being restrained at the Scrabster Marine Scotland office.

Author: Liam RossPublished 19th Jan 2022
Last updated 19th Jan 2022

A former far-north based Scottish Government worker who was tied to a chair has lost an employment case.

DeeAnn Fitzpatrick went viral in 2018 after a picture of her emerged being restrained at the Scrabster Marine Scotland office.

She claimed she was a victim of "bullying and inappropriate behaviour," with Nicola Sturgeon saying at the time she was "horrified" by the image.

Ms Fitzpatrick said she was tied to the chair in revenge for speaking out about misogynistic behaviour in the office.

However, she was fired from her role as bosses claimed she lied about when the photo was taken.

Ms Fitzpatrick claimed she was restrained in December 2010, but a digital forensic expert said the image was actually taken in August 2009.

Judge Alexander Kemp has now ruled she had been "dishonest" about the incident, but said the picture was "not acceptable in the modern workplace."

A ruling states that: "The likelihood is that an email alleged to have been sent to Mr Cunningham on 5 15 February 2011 by her was false in the reference to the date and incident, and were added later, as were similar parts of emails from him, and emails to and from Mr Macgregor.

"We concluded from all the evidence before us that she had been dishonest and not simply mistaken, not only as that issue of mistake was not ever her position, but also as it was we 10 considered not realistically possible to reconcile the date of the photograph, the comments she made regarding the incident with Ms Sutherland in September 2010, with the emails she claimed to have sent to Mr Cunningham on 15 February 2011."

The ruling added: "This photograph shows an event that the Tribunal does not consider to be acceptable high jinks, if high jinks are ever acceptable in a government workplace.

"The photograph itself shows an image that has elements that are sinister, in particular that tape is placed across the claimant’s mouth."

It's reported Ms Fitzpatrick is "extremely disappointed" by the outcome of the case.

A Scottish Government spokesperson said: "This has been a lengthy and complex case.

"We note the conclusion of this process and the Employment Tribunal’s dismissal of the Claim.

“We are determined to ensure that Scottish Government employees are treated with dignity and respect, our workplaces are free from all forms of discrimination or harassment, and colleagues at all levels feel empowered to raise concerns and have confidence that appropriate action will be taken.

"The organisation will reflect carefully on the comments in the judgment and use the learning to inform policy and practice.

“Our annual People Survey allows us to monitor employee experience of bullying and harassment.

"We have recently updated our standards of behaviour and work is underway to refresh our grievance policy and procedure which is due to launch next month."