Postman ‘unfairly’ sacked after thieves stole all the letters and parcels from his van

A postman was ‘unfairly’ sacked by the Royal Mail when thieves stole all the letters and parcels from his van, a tribunal has ruled.

Virgil Summers had a 20-year unblemished career delivering mail tarnished when he was dismissed for gross misconduct after being accused of “failing to secure” his vehicle.

The tribunal heard when he and his delivery partner returned to the van it had been raided by thieves who stole all its contents.

Mr Summers, 55, of Leicester, was adamant he had locked the door electronically but Royal Mail launched an investigation that led to his sacking on 11 April 2020.

And a tribunal has now upheld his complaint for unfair dismissal and said the company failed to prove its allegations of negligence.

Employment Judge Peter Britton will now hold a further hearing to rule whether he can be reinstated or awarded compensation.

He said: “The claimant was adamant he locked the vehicle electronically.

“What is clear (when they went back) is that the vehicle was now insecure. The back van doors were either open or easily opened without the need for the electronic device.

“Somebody had been in the van and stolen the mail.”

Mr Britton said there had been reports of a suspicious vehicle in the area with fake number plates that wasn’t properly investigated that could have been responsible.

He added: “Would not it beg the question to a reasonable employer of the size of Royal Mail, and with its security element, that possibly there was a sophisticated criminal operation at work on that day in that part of Leicester?

“The police involvement in this case is to put it mildly perfunctory given the severity of loss of mail, which might include recorded delivery and could include valuables.

“The claimant gave his first explanation; namely that he was sure he used the electronic fob to lock the vehicle.

“He noticed the lights flashed the once to indicate it was locked. Most important of all, and which seems to have been missed, he said that he heard the locks click.

“There appeared, however, to be a fall back position deployed by the respondent to the effect that nevertheless he was in any event guilty of gross misconduct by not physically checking the door locks anyway.

“The respondent never undertook a sufficiently reasonable investigation to contradict the claimant when he said he did leave that vehicle secure.

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“Before me he was consistent and compelling. It follows that I do not find that there was any contributory conduct by the claimant.”

Mr Summers had been employed by the depot in Leicester from June 21, 1999, until his dismissal.

He has found new employment working as a waste operative but is now seeking his old job back.

Mr Britton added: “There is the respect that the job carries.

“The fact that it is recognised in our society that a postman is a very trusted individual in the community who performs frequently more than merely delivering the post.

“The significance of course being that to be dismissed for gross misconduct as in this case, and relating to what appeared to be from the disciplinary charges, wilful, deliberate disregard of security and the protection of the post whilst out delivering, is something that would obviously have substantial potential career ending implications.”

He said Royal Mail would now have to show that it is “not practicable” to reinstate him or give him his old job back.