Postman accused of theft reinstated by employment tribunal

David Mitchell, 57, was dismissed last December after 27 years with Royal Mail. His bosses accused him of stealing greeting cards containing money and gift vouchers, but failed to substantiate the claims at an employment tribunal hearing.

Tribunal judge Ian McFatridge has ordered Royal Mail to reinstate him.

Judge McFatridge said: “The employer did not have reasonable grounds on which to sustain their belief in the claimant’s guilt.

“There were simply insufficient grounds to come to that view. It therefore follows that the decision to dismiss is unfair.”

According to Mr Mitchell’s ex-employer, suspicions against the employee were raised after a “security investigator” discovered a disproportionately high number of greeting cards were being lost in Cupar.

Fake cards were then placed into various staff members’ sorting areas and traced - with cards apparently disappearing from Mr Mitchell’s possession.

Mr Mitchell told his disciplinary meeting that someone else within the delivery office could have taken the items from his sorting areas.

Judge McFatridge said: “In this case at the end of the day all that the employers had to go on was that these items had been placed in some way into the mails which, in the ordinary way of things, the claimant would be the postman called upon to process. The items had then gone missing.

“In those circumstances the crucial which had to be considered by anyone investigating the situation was the extent to which others might possibly have had access to and thus opportunity to steal these test items.”

A spokesperson for the Royal Mail told The Herald: “We have studied the judgment in this case and are seeking a reconsideration hearing on the reinstatement of this ex-employee.

“Royal Mail has a zero tolerance approach to any dishonesty. It is a criminal offence to tamper with or delay the delivery of mail and anyone caught doing so faces serious disciplinary measures. The safety and security of mail is of the utmost importance to this business.”