header-logo header-logo

Free to be BNP

18 January 2013 / Anna Macey
Issue: 7544 / Categories: Features , Tribunals , Discrimination , Employment
printer mail-detail

Anna Macey analyses the implications of the decision in Redfearn v Serco

Arthur Redfearn was employed as a bus driver by Serco Limited, a private company providing transport to primarily Asian passengers for Bradford City Council. There were no concerns about Redfearn’s work, and his Asian supervisor nominated him for a “first class employee” award. A local paper identified Redfearn as a British National Party (BNP) candidate in local elections and, shortly after, several trade unions objected to Serco about his continuing employment. Redfearn was subsequently elected as a BNP councillor, and dismissed 15 days later.

Unable to claim unfair dismissal because of the qualifying period, Redfearn argued his dismissal was discriminatory “on racial grounds” under the Race Relations Act 1976. This was resoundingly rejected by the Court of Appeal, with Mummery LJ ruling that his complaints were of discrimination on political grounds, which was not protected. The Court of Appeal also rejected Redfearn’s complaint that his rights under the European Convention on Human Rights had been violated because Serco was not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll