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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll