Royal Mail driver in ‘sectarian abuse’ row fairly dismissed, Tribunal rules

A Royal Mail driver who allegedly made sectarian, anti-Catholic comments in a fight with a Celtic-supporting colleague has lost his unfair dismissal claim.

Peter McCool, from Airdrie, denied making any such comment at the Glasgow Mail Centre in Springburn following “banter” about the Rangers and Celtic football teams. He claimed colleague, Gerard Broadley, attacked him from behind before punching him.

Both men were suspended pending an investigation, and subsequently lost their jobs.

Broadley, a Celtic supporter, claimed McCool made a remark about “Fenian b******s”. He added that the incident in November 2007 had escalated into a “serious argument”.

McCool, who had 13 years’ good service with Royal Mail, was sacked for gross misconduct last December for threatening and provoking a colleague, using foul, abusive and sectarian language and fighting. Broadley was also dismissed.

McCool appealed, denying using sectarian language, or involvement in a physical altercation, but admitted he had got drawn into a “bad situation”.

The Tribunal heard from one witness who said McCool had made a sectarian comment and often made anti-Catholic and football-related comments. Another said he thought he heard him say something about Catholics before the altercation.

The Glasgow Tribunal ruled that Mr McCool was not unfairly dismissed from his job as a distribution driver.

Employment Judge, Stewart Watt, said:

“The Tribunal has no hesitation in concluding that the respondents were reasonable in dismissing Mr McCool for using foul, abusive and sectarian language against another employee and becoming involved in a physical altercation with Mr Broadley.”