Unfair Dismissal Exemption for Employees Fired for Political Beliefs

After a ruling on the case of BNP member who lost his job because of his political beliefs, in similar cases such people will be exempt from unfair discharge rules requiring a minimum length of service.

Due to the decision of the European Court of Human Rights, the sacking of the bus driver Arthur Redfearn was a breach of human rights.

Usually it is assumed that people claiming for unfair dismissal in the UK should have worked for at least two years at the position and place where they were later ousted from.

As Mr. Redfearn found out that the Court was in fact critical of this restriction he took the decision to not to lodge a complaint about unfair dismissal but about race discrimination.

Six months after Redfearn was dismissed into the job he was proposed to represent the BNP in the Bradford Council.

The explanation of the transport operator Serco was that they took that action because of fear of reprisals.

The employment tribunal dismissed his original claim basing itself on the fact that his position can make passengers anxious and spark attacks on vehicles by those opposed to the BNP’s views.

After some time Mr. Redfearn appealed successfully but Serco again succeeded with a counter-appeal.

This made Mr. Redfearn take his case to the ECHR which was the last step he had to take in order to triumph.

In the words of the business minister Viscount Younger of Leckie the requirement of minimum length of service regulation for people who wanted to claim unfair dismissal because of their political beliefs would be enshrined in law by an amendment to the Enterprise and Regulatory Reform Bill, which will come into force right after the Bill receives Royal Assent.

Viscount Younger told Parliament in a statement: “This amendment exempts claimants who allege that their dismissal was on the grounds of political opinion or affiliation from this two-year qualifying period.”

At The Legal Stop we would advise – stop worrying about your employees` political views or religious beliefs, get all the necessary employment documents for £30.00 only, instead!

Written by Legal Author

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