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Threat of industrial action over Cupar postman’s sacking

David Mitchell with his wife Hilary.
David Mitchell with his wife Hilary.

The threat of Christmas postal strike action is hanging over Fife following a tribunal appeal over a postman accused of theft.

Royal Mail lawyers insisted David Mitchell will “never deliver the mail in Cupar again” despite him winning an unfair dismissal case.

At an appeal hearing at the tribunal’s office in Dundee, solicitors acting for the Royal Mail claimed even a court order would not reverse their decision.

Mr Mitchell, 57, was fired last year over missing mail, but despite a judge’s order Royal Mail has refused to give him his job back because bosses believe he is a thief.

Brian Filburn of the UCW trade union said members will now ballot on industrial action over their colleague’s treatment, although it is unclear if this could lead to a festive walkout.

The tribunal heard from a senior manager at Royal Mail who said Cupar’s postal delivery office is in crisis with staff refusing to work overtime.

Office manager Colin Anderson, who did not attend the hearing, was described as being under pressure with community protests and unrest among workers.

Andrew Gibson, representing Royal Mail, said bringing Mr Mitchell back would put Mr Anderson in an “intolerable position” because of his involvement with the investigation.

He also claimed Mr Mitchell would require the “constant supervision” of a specially employed third manager and would be under “constant suspicion” if he returned.

Giving his evidence, Mr Mitchell said he had no ill-feelings towards his managers and wished to “draw a line under everything” and get back to work.

He said it was extremely difficult for him to find another job at his age with the allegations hanging over him.

Around 16 supporters, mainly customers, travelled to Dundee from Cupar to attend the hearing.

Mr Mitchell’s solicitor, Ken Glass, said given Royal Mail’s refusal to give him his job back he could receive a maximum settlement of £58,000 however, Royal Mail’s lawyers estimate a figure closer to £20,000.

Employment judge Ian McFatridge said he would make his judgment within two or three weeks.