The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a substantial proportion of his co-workers were if Asian origin. A trades union had asked for his dismissal. On election he was summarily dismissed. He alleged race discrimination. His dismissal had been upheld by the Court of Appeal.
Held: UK law was deficit in not allowing a potential claim based on discrimination for one’s political belief. The applicant’s right to freedom of association had been infringed and violated, because the qualifying period of one year for unfair dismissal left no room for a claim that he was discriminated against on grounds of his political beliefs in that his: ‘right to freedom of association has been infringed and violated, because the qualifying period of one year for unfair dismissal left no room for a claim that he was discriminated against on grounds of his political beliefs.’
Judges:
Lech Garlicki, P
Citations:
47335/06 – HEJUD, [2012] ECHR 1878, 33 BHRC 713, [2013] 3 Costs LO 402, (2013) 57 EHRR 2, [2013] IRLR 51
Links:
Statutes:
European Convention on Human Rights, Race Relations Act 1976
Citing:
At EAT – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
Appeal from – Serco Ltd v Redfearn CA 25-May-2006
The employee claimed that he had been discriminated against. He had stood as a candidate in local elections for the British National Party (BNP) party. His employers had dismissed him saying that his propagation of racially discriminatory polices . .
Statement of facts – Redfearn v The United Kingdom ECHR 16-Jan-2009
Statement of facts . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Employment
Updated: 06 November 2022; Ref: scu.465590