Footballer was victimised by club, tribunal rules

A judge has ruled that a Scottish footballer was victimised by his former club following an investigation into alleged racism.

Rico Quitongo, 25, took Airdrieonians to an employment tribunal claiming he was treated unfairly after he complained about an alleged racist comment made by a fan during a match.

A hearing in 2022 found that the Scottish Championship club and one of its directors had not racially discriminated against the defender.

But an appeal, heard by Lord Douglas Fairley, has ruled that the employment tribunal made mistakes in its judgement and had "erred in law".

Mr Quitongo, then 22, claimed he was racially abused by an Airdrieonians fan while he was playing for the club against Queen's Park in September 2021.

The club carried out an investigation but it was subsequently dropped due to "insufficient evidence".

The footballer then brought claims against the club to a tribunal under the Equality Act 2010.

The original employment tribunal dismissed five claims of racial harassment and one claim of victimisation.

But the appeal judge said that Mr Quitongo was "victimised" because the club "cut off" all communication with his agent.

The employment appeal tribunal judgement said: "On 16 October 2021, whilst the respondents' investigation was ongoing, the appellant's agent sent a message to the club manager, Mr Murray in which he stated that the appellant had been 'hung out to dry… called a liar by a director who was trying to sweep this under the carpet' and 'suspended' for drawing the allegation of racial abuse to the attention of the respondents.

"Similar allegations were made by the agent in a tweet at or about the same time."

Thereafter, the judgement added, the club refused to communicate with the player's agent.

Judge Fairley concluded: "The only possible conclusion from the findings made was that the act of cutting off communications with the appellant's agent was an act of victimisation because of the contents of the text."

He ruled that the footballer should be paid compensation.

Another employment tribunal will be held to determine if Mr Quitongo was racially harassed when it was suggested he was "seeking publicity" by complaining about the alleged racist comment made by the fan.

Appeals on four other grounds of complaint were refused.

Airdrieonians have been approached for comment.

Mr Quitongo played for Airdrieonians between 2021 and 2022, having signed a one-year deal in June 2021, but now plays for Scottish League One side Annan Athletic FC.

His brother, fellow footballer Jai Quitongo, said after the ruling "the truth has come to light".

On X, formerly known as Twitter, he said: "This just goes to show that there is still systematic racism in football and in life whether we like to admit it or not.

"My brother had the courage to fight for what is right and now he can finally put this chapter behind him and move on with his partner and little baby."