Postman who stuck gum on customer’s property unfairly dismissed

A postman has won his claim of unfair dismissal because sticking chewing gum on a customer’s property was not serious enough to be gross misconduct.

Jennifer Cafferky Solicitor in our employment team, reports on this recent case.

That was the decision of the Employment Tribunal in a case that involved Graham Harvey and Royal Mail.

Harvey had worked as a postman for more than 25 years on a rural route near Edinburgh.

In October 2020, a complaint was made against him. A customer said he had removed a piece of chewing gum from his mouth and placed it on a gate lantern at their property. There was CCTV footage and a photograph of the incident.

The customer described the conduct as “disgusting” but added he did not wish to make a huge fuss.

Harvey was called into a meeting. He admitted to offences such as driving without a seat belt and leaving items of mail on his passenger seat but denied placing the chewing gum on the customer’s property.

He was suspended pending further investigations.

In a follow-up meeting Harvey admitted he had stuck his gum on the customer’s property, describing it as a ‘stupid decision’ and offering to apologise to the customer.

He was dismissed at the end of the meeting with managers deciding that not wearing his seatbelt, leaving parcels on his passenger seat, and sticking chewing gum on a customer’s property were all offences that amounted to gross misconduct.

He lost his appeal, with one manager describing his actions as a ‘deliberate act to cause anxiety and distress’.

Harvey took the case to the Employment Tribunal, which ruled in his favour.

The judge said that although against policy, not wearing a seatbelt and leaving parcels on the passenger seat were common practices.

The chewing gum incident was not serious enough to be deemed gross misconduct.

Royal Mail was ordered to pay Harvey compensation of £17,244.

If you would like more information about the issues raised in this article, or any aspect of employment law please contact Jennifer on 01228 516666 or send her an email.