THOUSANDS of people have signed up to a petition calling for changes to employment law and Royal Mail workers are preparing to strike at their busiest time of year - all in support of a sacked postman.
David Mitchell was dismissed by Royal Mail because they believed he was stealing, however the delivery service was ordered to reinstate him after he won his case for unfair dismissal at an employment tribunal.
The firm refuse to re-employ him despite the judgment directing them to do so - prompting Mr Mitchell's campaign calling for better enforcement of tribunal decisions.
Almost 1,100 people have now signed up to his petition on change.org, while the strength of feeling among staff at the Cupar delivery office where Mr Mitchell worked has led to a ballot for strike action by the Communication Workers' Union (CWU).
The postal workers - who voted 97 per cent in favour of the action - will now stage a 24 hour walkout from 8.30am on Saturday on one of the busiest days of the year for Royal Mail.
CWU branch secretary Kenny Logan said: “Members in Cupar have decided that from 8.30am on Saturday they will walk out of the building, invoking their right to a one-day strike.
“People in Cupar have been made aware of the situation and the support there seems to be for David Mitchell is second to none.
“With no proof, no evidence to say that Mr Mitchell did or did not steal those items Royal Mail has said it is not going to reinstate him.”
Under current law, a tribunal can make an order for employers to reinstate or re-engage a sacked worker, but they cannot enforce it.
If an employer refuses to reinstate a worker they are instead forced to pay an additional financial penalty.
Mr Mitchell believes that if a judge has ruled that an organisation erred in dismissing a worker, they should not be able to buy their way out of reinstatement.
The 58-year-old said: "I was absolutely delighted when I got word that we had won this.
"My lawyer said to me 'look out your uniform', but that only lasted for about two days because Royal Mail then emailed my lawyer saying there was no way they were going to re-employ me.
"I thought that was my life back to where it should be, but I was wrong.
"This is the big gap in employment law that allows companies to treat workers whichever way they want.
"I think if you go to the bother and the expense of an employment tribunal, when the judge decides one way or another that should be it. What's the point otherwise?"
Judge McFatridge found that, after surveillance of Mr Mitchell led to nothing, Royal Mail had no clear evidence and "insufficient grounds" to sack him.
However, Royal Mail have told the tribunal it is "not practicable" to reinstate Mr Mitchell and have launched a bid to avoid paying him the extra money (26 to 52 weeks salary).
A judgment will be issued on that point at a future date.
Mr Mitchell's lawyer, Ken Glass, of Baillies solicitors, said the delivery service has shown "remarkable arrogance" by refusing to follow the judge's order.
He added: "The only true remedy for Mr Mitchell is reinstatement."
A Royal Mail spokesman said: "We are disappointed at the ballot result.
"We have robust contingency plans in place and will be continuing to deliver to all our customers in Cupar should any unnecessary strike action take place at our busiest time of year."
The spokesman added the firm has a "zero tolerance" approach to dishonesty and said it would be inappropriate to comment further on Mr Mitchell's case.
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