A Decision Which May Make Some See Red?

Recently the European Court of Human Rights has said that the UK must implement measures to protect employees from dismissal on the grounds of their political opinions or affiliations, including extreme opinions that 'offend, shock or disturb'. Reema Jethwafrom our Employment Team explains. In the case of Redfearn v United Kingdom, Mr Redfearn was employed by Serco Ltd as a bus driver providing transport for disabled adults and children - the majority of which were of Asian origin. Throughout Mr Redfearn's employment with the company, there were no issues with his performance or his conduct, indeed he was nominated by his supervisor as a 'first-class employee'. However, following an article being published in the local newspaper which identified Mr Redfearn as a candidate for the British National Party (BNP), the Trade Union and Serco's workforce began raising their concerns. At the time, membership of the BNP was restricted to white people and was primarily 'opposed to any form of integration between British and non-European peoples'. Following his election as a local councillor, Mr Redfearn was dismissed immediately on the grounds that his continued employment would:

Present a risk to the health and safety of its employees and passengers Cause considerable anxiety to its passengers and their carers Jeopardise Serco's reputation At the time of his dismissal in June 2004, Mr Redfearn had less than one year's continuous service; this meant that he was unable to bring a claim for unfair dismissal. Therefore, Mr Redfearn sought to bring a claim for race discrimination. This claim was rejected by the Court of Appeal which stated that discrimination law should not be used to protect employees from unfavourable treatment for acting in a way that is racially discriminatory. Mr Redfearn tried to argue that he was dismissed because he was white and so this was on racial grounds. This argument was also rejected as his dismissal was due to his membership of the BNP not because he was white. Mr Redfearn's complaint was of discrimination on political grounds, which fell outside of anti-discrimination law. Additionally he was unable to bring a claim under the Human Rights Act 1998 as Serco was not a public authority. As Mr Redfearn was not allowed to appeal to the House of Lords regarding the decision, he then applied to the European Court of Human Rights for a declaration that his dismissal was incompatible with his rights under Articles 10 (freedom of...