A sacked postman who was refused his job back despite winning an employment tribunal is to be paid almost £57,000 by Royal Mail.
Just days after former colleagues walked out in anger at the delivery firm’s refusal to reinstate him, David Mitchell was awarded the maximum level of compensation and lost earnings.
Judge Ian McFatridge dismissed Royal Mail’s application for reconsideration of his finding, upholding his verdict that there were no reasonable grounds for the firm’s belief that Mr Mitchell had stolen mail and that he should return to duty.
On Saturday around 40 employees of Cupar Delivery Office staged a 24-hour strike and were supported by customers and friends in a protest outside.
Mr Mitchell, 57, of Chance Inn, said the victory after 27 years of service, brought mixed emotions.
He said: “My real wish remains to go back to the job that I loved and to serve the customers who have supported me throughout this ordeal.”
He said he accepted the award with the “greatest reluctance” as it was a fraction of the income he will lose in the coming years if he is unable to find another job. He added: “Unfortunately, the employment judge cannot compel Royal Mail to take me back which is something they seek to cynically exploit.
“I am concerned for other postal workers who, for whatever reasons, find themselves in a similar position.
“I am grateful for the support of my colleagues who have voted for industrial action to show not only their support for me but their opposition to the stance taken by management.”
Ordering Royal Mail to pay Mr Mitchell £56,493.71, Mr McFatridge disagreed with the firm’s assertion that it would be impracticable to reinstate Mr Mitchell due to its genuine belief he was guilty of a serious offence and due to the impact of the case on Cupar’s delivery manager.
Both former workmates and customers on his round in Craigrothie, Ceres and Chance Inn rallied to support Mr Mitchell’s fight to return to work.
A meeting was to be held last night with union representatives to decide whether to take further action to continue the campaign for Mr Mitchell to be allowed to return.
A spokesperson for Royal Mail reiterated the company’s position that it was inappropriate for Mr Mitchell to return to work with them.
She said: “We take the security of mail extremely seriously and investigate all complaints of tampered or stolen mail raised with us.
“Our customers expect Royal Mail to do everything in its power to protect the mail we are entrusted to deliver.
“Royal Mail has a zero tolerance approach to dishonesty and all employees are aware of this.”