DeeAnn Fitzpatrick who claimed she was tied up and gagged by her colleagues is seeking a case for unfair dismissal against the Scottish Government.
The Herald reports that the tribunal has rejected her bid to pursue sex, age, race, religion and disability discrimination claims, but the case will proceed with the assertion that she was dismissed because she made protected disclosures.
A photograph of Fitzpatrick taped to a chair went viral, leading to a investigation.
Ms Fitzpatrick complained of bullying and misogyny while working at the offices of Marine Scotland in Scrabster, Caithness, in the Highlands.
She claimed she was bound to a chair because she blew the whistle on misogyny and abuse, however, a probe found probe found the men involved had “no case to answer” and Ms Fitzpatrick was instead dismissed for gross misconduct.
However, she will now pursue her case in full at the employment tribunal next month in a bid to be reinstated by Marine Scotland.
The Canadian told the tribunal that colleagues in Marine Scotland’s Scrabster office called her a “f***ing Canadian retard”, “wh**e” and “old troll”.
In a written judgement 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 containing information about an alleged assault in the workplace and another about the chair incident.
A forensic expert found that the picture was not taken at the time that Ms Fitzpatrick claimed it had been in relation to her whistleblowing
In her bid to pursue the additional claims, Ms Fitzpatrick told the tribunal that colleagues in Marine Scotland’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.”
Solicitor Andrew Gibson 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.”
He added: “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 as they were lodged late in proceedings and related to “very historic” incidents.
An employment tribunal is expected to be held next month.