A POSTMAN who was sacked for punching a customer in the face after a row about him leaving a note rather than delivering a parcel has won almost £5,000 in compensation.
Andrew Drysdale got into a fight with the householder after he was accused of not trying to make the delivery and then left the package with a neighbour, an employment tribunal was told.
The 60-year-old grandfather claimed he felt "threatened" by the man 20 years his junior, and had acted in "self-defence" after the row in which the customer told him he should "do his job properly".
However, he was fired without notice after the customer claimed that as well as striking him in the face, the postman had threatened him by saying he knew where he lived and would have his "pals" come to his home.
Mr Drysdale has now successfully sued Royal Mail for wrongful dismissal and won £4,734.36 in damages after an employment judge found accounts of the incident appeared to be "embellished".
The tribunal, held in Glasgow, heard that Mr Drysdale worked as a postman in Scotland from 2008.
In February 2024, an unnamed customer complained that a delivery hadn’t been attempted when he was at home, and he saw the driver sitting in a van.
Mr Drysdale said that this customer was lying - he had attempted to deliver the parcel and posted a card when there was no response.
He said he spoke to a neighbour and left the parcel with him when there was no answer on the third attempt to deliver it.
Later that month, the postman and the customer got into an altercation, the hearing was told.
“While going about his duties and on his way out of the building, [Mr Drysdale] encountered the customer coming up the stairs with his dog that was not on a lead," the hearing was told.
“[Mr Drysdale] asked the customer why he had complained.
“He said the customer should tell the truth.
“The customer was annoyed and replied that [Mr Drysdale] should do his job properly.
“The customer took out his mobile phone and told [Mr Drysdale] to wait until it was sorted.
“[Mr Drysdale] left the building and delivered mail at the next building.
“As [Mr Drysdale] was leaving that building, the customer, whose dog was now on a lead and tied to a fence, approached [him] aggressively.
“The customer was around 20 years younger than [Mr Drysdale] who felt threatened.
“The customer punched [Mr Drysdale]. [Mr Drysdale] threw his hand up in defence making contact with the customer.
“[Mr Drysdale] slipped. He suffering [sic] blows to the upper right arm, left upper thigh and hand."
The postman spoke to bosses and told them he had been assaulted and although he was "shaken", carried on with work.
Mr Drysdale said he didn’t want to call the police as "the situation had calmed down" and he "wanted to put the incident behind him".
The customer told the Royal Mail :“When [Mr Drysdale] came out of the next close he threw down his bag and shouted, "f****** square go then" and punched the customer in the face.
“[He] punched back in self-defence then his brother stepped in to separate the fight.
The customer said that the postman "threatened him saying that he knew where the customer stayed and his pals would be at the door".
He added that "he already suffered with mental health and anxiety and he goes out less in case [Mr Drysdale] came to his door".
The Royal Mail contacted a neighbour who had called the police about the incident who said he saw Mr Drysdale punch the customer 'twice on the head''.
At a formal meeting about his conduct, Mr Drysdale said he "only punched back because he was being punched and had to protect himself", and he denied threatening the customer.
Mr Drysdale was found to be the "instigator" of the incident and was sacked for gross misconduct.
Employment Judge Shona MacLean, however, was "unconvinced about the reliability" of the statements made by the customer and the neighbour.
"The neighbour’s version appeared embellished," the judge added.
Judge MacLean believed the incident "was more likely than not to have happened in the way [Mr Drysdale] described".
Mr Drysdale was entitled to 12 weeks' notice of termination, but he was summarily dismissed and had no notice or payment in place of the 12 weeks.
The judge found he had acted in self defence.
"It was regrettable that [Mr Drysdale] punched the customer in self-defence.
"While I appreciated that delivery workers are the face of [Royal Mail's] business, acting in self-defence when attacked did not amount to repudiatory breach of contract.
"I therefore concluded that [Mr Drysdale]’s conduct was so not serious as entitling the respondent to summarily dismiss him.
"The wrongful dismissal claim was upheld."
Mr Drysdale's claim for unfair dismissal was dismissed.