No you are mistaken, Mrs F was the hair net colleague, the colleague the TW thought might have said the comments was a Mrs Marshall and she only thought that because Mrs Cooke wrote a note listing who was in/around the changing room at the time of the incident. There’s no indication that the TW had ever previously met Mrs Marshall.
“The Claimant was in one of the toilet cubicles and was breathing heavily. Ms F was not sure if she was crying or struggling to breath. Ms F saw the Claimant later – about 10.30am – in the sandwich room, when she had cause to ask her to pull her face mask above her nose. At about midday Ms F went into the changing room, when the Claimant had just left. The Claimant’s locker was next to hers. She saw 2 hair nets on the floor by her locker, so she went into the rest room and told the Claimant she thought she had dropped her hair nets. The Claimant went to pick them up. Ms F also noted that another colleague had told her that the Claimant had been crying at about 9.30am.”
“When Mrs Cook’s note was provided to her during the initial disclosure process, the Claimant noted that Mrs Cook and Mrs Marshall had had a conversation in the changing room while she was in the cubicle, so she decided that they must have been the perpetrators in respect of the changing room incident. At that stage she presented her third claim, naming them as the perpetrators and as named Respondents. The only basis for identifying them was Mrs Cook’s note.”
”When she gave her oral evidence, Mrs Marshall had a strong accent and it was clear that her English is far from fluent. It was at that stage that the Claimant, fairly, indicated in response to a question from the Employment Judge that she did not believe that Mrs Marshall was one of the people she had overheard.”