The victimisation of a Scottish footballer by his own club shows there is still a problem with "systemic racism" in the game, it has been claimed by the brother of a player who was was victimised by his own club.

Rico Quitongo, who now plays for League One side Annan Athletic, has won an appeal case amid his long-running legal fight against Championship side Airdrieonians. The left-back, who is the son of former Hearts and Hamilton cult hero Jose Quitongo, claimed in September 2021 that he was racially abused by a Diamonds fan during a 0-0 draw against Queen's Park in September, but the New Broomfield club dropped an investigation into the allegation the following month - saying that there was "insufficient evidence"

In November 2022 a panel in Glasgow dismissed his claims of racial harassment and victimisation relating to the club's handling of the complaint, a decision appealed by Quitongo - with judge, Lord Douglas Fairley, ruling that the employment tribunal made mistakes in its judgement. It says that the Lanarkshire club committed an "act of victimisation" by cutting off communication with Quitongo's agent after he had contacted manager Ian Murray expressing concerns over the handling of the situation.

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Now Mr Quitongo's brother Jai, also a professional footballer who played for sides including Greenock Morton and Queen's Park, says it shows that there are wider issues in the game. Posting on social media site X following the verdict, Jai said: "After a tough 2/3 years my brother and our family has had to endure, finally the truth has came to light.

"This just goes to show that there is still systemic racism in football/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. I hope this victory gives other people the courage to speak up about the discrimination that they received in their workplace or in their daily life, whether that's for race, religion, gender, age or disability.

"On a side note, to the idiots that wrote horrible tweets directed to my brother branding him a lar etc. Get it up every single one of you."

A judgement published online explained: "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 is 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. The first respondent thereafter refused to communicate with the appellant’s agent."

In his judgement, Lord Fairley concluded: "The only possible conclusion from the findings made was that the act of cutting off communications with [Mr Quitongo's] agent was an act of victimisation because of the contents of the text." Mr Quitongo is now due compensation for the victimisation according to the judgement.

A second tribunal is also set to be held to rule on a claim that Quitongo was harassed by a comment that he was 'seeking publicity' made during a conversation between his agent and chairman Paul Hetherington. Lord Fairley said the original tribunal did not make an adequate finding on what Mr Hetherington actually said, with a date for this still to be agreed.

Speaking to Lanarkshire Live Sport after he left Airdrie in 2022, Quitongo said that "his skin didn't fit" at the club. He added: "There are some nice, great people at the club and there are loving people at the club as well, but for some people my face doesn't fit. Or my skin doesn't fit. It's hard, mentally. You see stuff on social media of fans and what the club have painted a picture of me.

"When you're not treated fairly it gets taken out of your hands. It's a shame it worked out this way, but I had to leave. It wasn't my football performances, so it was out with my control."

Airdrieonians FC have been contacted for comment.