An Employment Tribunal has ordered Royal Mail to reinstate an Operational Postal Grade postperson and pay him £56,706 after it unfairly sacked him over what his management considered to be “violent” behaviour during a parking dispute with a colleague.
Following a two-day hearing, and after hearing contested witness evidence, the Tribunal ordered reinstatement on the basis that it was “practicable and just” in the circumstances.
The Claimant, Mr Roche, had joined Royal Mail as a 16-year-old and remained there for 44 years until the parking incident.
Mr Roche’s car had been blocked in by his colleague’s vehicle and, contrary to accepted practice, he had not left his keys at the depot to enable it to be moved.
Although the Tribunal had previously said the car park clash was “serious”, and noted that Roche had grabbed a colleague’s fleece and shouted at him, it also found that Mr Roche was “in a state of extreme stress” and had lost control in a very stressful situation where he had an urgent need to go to his brother’s aid.
At the remedy hearing, the Tribunal subsequently added that in any ordinary meaning of the words, this act was not an attack and was not violent conduct, and it had been irrational of the Respondent to “continue to say that it was”.
Royal Mail had suspended Roche before sacking him without notice for gross misconduct in March 2023.
At the liability hearing, conducted by Jack Feeny of No5 Chambers, the Tribunal had found that there were “significant failures at the disciplinary stage” which meant the original decision to dismiss was outside of the range of reasonable responses and therefore unfair.
Mr Roche was represented at the remedy hearing by Colin Banham of No5 Barristers’ Chambers.
Read more at:
‘Royal Mail Must Rehire Postman Fired Over Parking Row’ – Law360
