Worker loses case over rumours of sex acts at MSP’S office
AN MSP’S caseworker who was accused of spreading rumours that her line manager performed sex acts in the office has lost her claim for unfair dismissal and sexual harassment.
Philomena Donnachie, an employee of SNP politician Stuart Mcmillan, was said to have told constituents that office manager Matthew Leitch stared at the back of her head before going to the bathroom for long periods of time.
It was alleged that she insinuated this was because he was aroused by her and went to the toilet to masturbate.
Ms Donnachie tried to claim the allegation and the way it was dealt with amounted to sexual discrimination and harassment, and went on to raise an employment tribunal which also included claims for constructive dismissal and disability discrimination.
During the tribunal, she claimed she was regularly “belittled” and “undermined” in the Greenock office and that the complaint about the salacious rumours “horrified” her and was the “final straw” leading to her resignation.
However, employment judge Lucy Wiseman rejected her claims and found that she resigned because she was facing a disciplinary investigation.
In her judgment on the case, Judge Wiseman added that she did not find Ms Donnachie “to be an entirely credible or reliable witness”.
The tribunal heard that Ms Donnachie began working for
Mr Mcmillan in 2015 after meeting him during the independence referendum.
She told how she was very passionate about her job, but in April 2016 she suffered a stroke while working late one night and had to take three months off.
When she returned, Mr Leitch had been appointed as the new office manager and things began to deteriorate from that point.
Mr Leitch questioned her work ethic and poor time-keeping, but any time he raised the issues with her, she complained to Mr Mcmillan.
In March 2019, Mr Leitch emailed Mr Mcmillan with a formal complaint about Ms Donnachie. It raised issues with her time-keeping and conduct, and also referred to statements she had made about him.
The judgment stated: “Mr Leitch concluded by stating he had learned that the claimant and [her friend] had been making comments in public that Mr Leitch stared at the back of the claimant’s head, following which he often goes to the toilet: the insinuation was that Mr Leitch had become
I am pleased and relieved that the tribunal is over
aroused whilst staring at the back of the claimant’s head and had gone to the toilet to masturbate. [Ms Donnachie’s friend] had commented she thought Mr Leitch was attracted to the claimant.”
Mr Mcmillan appointed an independent consultant to investigate the complaint and wrote to Ms Donnachie to inform her of the details.
She denied making the comments and said “she was horrified this had been put in writing in the complaint”.
During the tribunal, her lawyer Brian Mclaughlin argued that Mr Leitch had made up the complaint, deliberately making it sexual, but judge Wiseman rejected this.
The judge said she could not accept that he had conspired with two others to fabricate a complaint “which was embarrassing and potentially damaging to Mr Leitch’s reputation”.
Ms Donnachie tendered her resignation on June 11, claiming her decision was due to the allegations.
However, the tribunal found that she “affirmed the contract” by continuing to work for the MSP for a further three months before taking that decision. Judge Wiseman added that contact from the independent investigator was what prompted the resignation.
Responding to the tribunal’s decision, Mr Mcmillan said: “I am pleased and relieved that the tribunal is over. This has been an extremely difficult time for my staff and myself .”