Peterhead defender Rico Quitongo is taking former club Airdrieonians to an employment tribunal over alleged racial discrimination.
Quitongo, 22, claimed he was racially abused by one of the Diamonds’ own fans during a League One game against Queen’s Park in September, however, Airdrie said at the time an investigation found ‘insufficient evidence’.
This led to Quitongo deciding to leave the club – having spent a six-week stretch out of the team and having only made three more appearances after the incident. He moved to the Blue Toon, who are also in League One, in January.
The Equality and Human Rights Commission and PFA Scotland – the professional footballers’ union for Scotland – are now funding a legal action against Airdrieonians by Quitongo. He alleges his former club’s handling of the situation amounted to ‘racial discrimination and victimisation’.
Quitongo’s case is the first in Scotland to be funded through the EHRC’s new race discrimination fund, which launched last year.
A statement from the two bodies helping fund the case, said: “An employment tribunal claim has now been raised, and we await a date for the hearing. Together the EHRC and PFA Scotland look forward to the outcome of the tribunal.”
Lynn Welsh, head of legal and compliance at the Equality and Human Rights Commission in Scotland, said: “There is no place for racism in football, or any other part of our society.
“As the equality regulator for Great Britain, the EHRC are pleased to support this case through our race discrimination fund.
“Every employer should understand their responsibilities, and what the consequences are for not following the law.
“As both employers, and as part of their wider community, football clubs have an important role to play in tackling discrimination.
“That starts with their duty to protect their employees, including the players on the pitch who are too often still subject to racist abuse.”
Margaret Gribbon, solicitor at Bridge Employment Solicitors, who are representing Quitongo, said: “Rico is strongly committed to pursuing this legal claim in an effort to ensure that no other footballer experiences what he has.
“He hopes to effect much-needed change, by exposing the gap between anti-racism rhetoric and the realities faced daily by footballers subjected to racist abuse and discrimination.
“He is extremely grateful to PFA Scotland and the Equality and Human Rights Commission for their support.”
A statement released by Airdrieonians read: “Airdrieonians Football Club abhors all forms of discrimination and take a zero tolerance approach to racism.
“Airdrieonians conducted its own investigation and found that there was insufficient evidence to sustain the complaint made from a supporter.
“Airdrieonians also reported all matters to Police Scotland who, Airdrieonians understand, investigated and no criminal prosecution resulted.
“Claims have been made to the Employment Tribunal by Mr Quitongo. Those claims are denied in the entirety. No further comment will be made out of respect for those ongoing legal proceedings.”
Following news of the claim made by Quitongo against his former employers, the Scottish FA announced they would also be investigating.
A statement said: “The Scottish FA has initiated an investigation into race discrimination claims made by Rico Quitongo against his former club, Airdrieonians FC.
“We are aware that an employment tribunal claim has been raised by the player, supported by PFA Scotland and the Equality and Human Rights Commission, and await the outcome of that tribunal.
“The Scottish FA condemns all forms of racist and discriminatory behaviour. Indeed, our Equality Vision states that ‘everybody should have the opportunity to participate in football at all levels, and that no individual should be discriminated against’.”
