Quitongo Wins Partial Appeal in Racism Case Against Airdrieonians FC
Professional footballer Rico Quitongo has secured a partial victory in his Employment Appeal Tribunal case against Airdrieonians Football Club. The EAT has overturned elements of the original tribunal's decision concerning victimisation and harassment related to a racism allegation.
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Quitongo Partially Wins Racism Appeal Against Airdrieonians FC
Professional footballer Rico Quitongo has secured a partial victory in his appeal against an Employment Tribunal ruling that dismissed his discrimination claims against Airdrieonians Football Club and its chairman, Paul Hetherington.
The case stems from an incident in September 2021 where Quitongo reported an allegation of racist abuse from a spectator during a match. Quitongo was subsequently dissatisfied with the club's handling of the investigation and brought claims under the Equality Act 2010, alleging harassment and victimisation. The initial tribunal dismissed all claims, prompting Quitongo to appeal.
EAT Finds in Favour of Quitongo on Two Grounds
The Employment Appeal Tribunal (EAT) has now ruled in Quitongo's favour on two grounds. The EAT found the club victimised Quitongo by ceasing communication with his agent after the agent made allegations of discriminatory conduct against the club. This was deemed unlawful victimisation.
The EAT also upheld Quitongo's appeal on a second point concerning harassment. It found the original tribunal's investigation insufficient regarding an allegation that the club chairman had suggested Quitongo was using the racism incident for publicity. The EAT has remitted this aspect back to the original tribunal for further factual findings.
Other Harassment Claims Rejected
However, the EAT rejected Quitongo's appeals on four other counts of harassment. These included complaints related to the club refusing permission for a media interview, the handling of a meeting to discuss the incident, subsequent pressure to agree a joint media statement, and the club’s communication regarding placing Quitongo on paid leave. The EAT found the original tribunal's conclusions on these matters to be permissible based on the evidence presented.
Case Remitted Back to Employment Tribunal
The EAT has remitted the case back to the same Employment Tribunal for a new hearing on the victimisation claim and the second harassment issue. The tribunal must now determine the appropriate remedy for the victimisation finding and further investigate the second harassment claim.
This ruling represents a significant development in the ongoing legal battle between Quitongo and Airdrieonians FC. The further tribunal proceedings will determine what repercussions, if any, the club and Mr Hetherington will face.
