header-logo header-logo

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

Free to be BNP

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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
back-to-top-scroll