Royal Mail has again insisted a sacked postman will not get his job back as the threat of widespread strike looms.
Thousands of postal workers may walk out in protest at the refusal to reinstate Fife postman David Mitchell after he won his tribunal for unfair dismissal.
The Communication Workers Union (CWU) is to ballot members across south-east Scotland on industrial action in the wake of what it described as one of the biggest injustices ever involving Royal Mail and a union member.
Mr Mitchell, of Chance Inn, near Cupar, was accused of stealing mail and dismissed.
He did not rule on whether Mr Mitchell was guilty of theft but the judge in his tribunal concluded there was insufficient evidence to sack him and told the delivery firm to reverse its decision.
In a fresh statement, a Royal Mail spokesperson said: “Following an investigation Royal Mail considered there to be reasonable grounds to suspect wrongdoing in relation to test postal items and Mr Mitchell was dismissed.
“We will not reinstate Mr Mitchell as we believe that the trust between employee and employer has completely broken down.
“As we feel unable to reinstate Mr Mitchell the judge ordered Royal Mail to pay additional compensation, which Mr Mitchell has now received.
“The legal proceedings have now concluded.”
The company also highlighted comments from judge Ian McFatridge in his conclusion that he was not in any way attempting to determine Mr Mitchell’s guilt or innocence.
It also stressed that Mr McFatridge had said it was “certainly still possible that the claimant was guilty of the serious misconduct alleged against him”.
The spokesperson said: “We are still hopeful of finding a resolution with our union and our people on this local issue, to ensure that customers do not face any disruption.
“Our customers expect Royal Mail to do everything in its power to protect the mail we are entrusted to deliver.”
Around 2,500 CWU members in the Fife, Edinburgh, Galashiels and Falkirk postal areas will vote on industrial action up to and including strike action.
The CWU described Royal Mail’s attitude in the case as draconian and the ballot was unanimously agreed at its AGM last month.
Strikes have already been held by Mr Mitchell’s former colleagues at Cupar delivery office.
Mr Mitchell has continually insisted he is innocent, no charges were brought against him by the Procurator Fiscal.
Photo by George McLuskie