Civil Servant 'Gagged and Taped to Chair in Workplace Prank' Loses £500k Claim

A civil servant who was taped and gagged to a chair has lost her £500,000 ($681,690) compensation claim.

DeeAnn Fitzpatrick was sacked from her job with Marine Scotland after being accused of lying about the picture, which went viral in 2018.

At the time, she claimed there was a culture of misogynistic and abusive behaviour at the office.

Ms Fitzpatrick said her mouth was taped shut because she had spoken out about it and a staff member allegedly told her: "That's what you get for speaking out about the boys."

But the Senior Fishery Officer was dismissed by her employer for lying about when the picture was taken.

She then took out a claim of unfair dismissal against Marine Scotland and during the employment tribunal, Ms Fitzpatrick said she had been a victim of bullying.

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However, her allegations were dismissed, with a judge ruling that the viral photo was just an example of 'high jinx'.

It was heard that there was a 'dysfunctional' culture of 'puerile pranks' at the office, but that the photo was not proof of a vendetta against the 52-year-old because of the complaints about two male members of staff.

Ms Fitzpatrick had alleged that she had been called a 'whore', a 'f***ing Canadian r****d' and an 'old troll'.

But the photo in question, the hearing ruled, was actually taken in 2009, meaning her claims that staff targeted her as a 'whistleblower' were false.

The photo was taken by her colleagues Reid Anderson, while fellow colleague Jody Paske was also involved, it was heard.

Though she didn't complain about the incident at the time, she submitted it as part of an employment tribunal claim in 2017.

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Speaking to the BBC the following year, Ms Fitzpatrick said: "Because I was making noise one of them told the other guy, 'Give me some tape I shuts her up'.

"He took the tape and placed it over my mouth, then he said, 'That's what you get for speaking out about the boys'.'"

During the tribunal, Ms Fitzpatrick claimed that the photo of her tied to the chair was taken in December 2010, two months after she had made a complaint about the two men.

The tribunal ruled, though, that it was taken in August 2009, well before she spoke out.

Critical of the behaviour at the office, however, Judge Alexander Kemp ruled: "Our conclusion is that at the time of the incident [Mr Anderson and Mr Paske] were likely to have believed it was a form of practical joke that they were playing. It had nothing to do with any disclosure made."

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Adding: "The photograph of Ms Fitzpatrick is not acceptable in the modern workplace, nor was it in 2009, even if it was taken by those involved believing it to be a form of prank."

Following the hearing, Ms Fitzpatrick said she was disappointed by the result but that she was pleased that the department's culture was addressed.

"I am extremely disappointed by the outcome of this case," she said.

"I take some comfort, however, from the fact that the tribunal acknowledged that the 'sinister' behaviour of two men taping a woman to a chair and placing parcel tape over her mouth in a Scottish Government office is not acceptable."

Topics: Politics