The appellant began work as a driver ferrying children and adults with physical and mental disabilities. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. In 1840 there were 3 Redfearn families living in North Carolina. The former involves an element of culpability, whereas the latter involves no culpability. Public sector employers must now tread very carefully when dealing with employees who are affiliated to … Redfearn v. the United Kingdom: Protection against Dismissals on Account of Political Belief or Affiliation, George Letsas argues in the U.K. Deficit in not allowing a potential claim based on discrimination for one's political belief. He was employed by a private company, Serco Ltd (Serco), which in turn supplied his services to a local authority. He worked in and around Bradford and most of his passengers were of Asian origin. The key question here is: Has the Court gone too far in stating that the U.K. should have either added political views or affiliation to the list of exceptions or created an independent claim against discrimination on grounds of political views or association for those with less than one year of work? On the contrary, the applicant was nominated for the award of “first-class employee.” However, right after a local newspaper revealed Mr. Redfearn’s candidacy for the BNP in the upcoming local elections, the public sector workers’ union expressed concern about the applicant’s continued employment “bearing in mind the BNP’s overt and racist/fascist agenda” (paragraph 10). The EAT overturned the decision as the ET had erred on the construction of the term 'racial grounds' but the Court of Appeal then reversed that decision as wrong in principle, partly because no comparator had been proposed. . Political belief or affiliation is not on the list of prohibited grounds. At the relevant The case, which was widely reported in the press, involved a bus driver who was summarily dismissed by Serco Limited after he was elected as a local councillor for the British National Party. Last month, the Court decided a case that may end up in the Grand Chamber: Redfearn v. the United Kingdom. The Third Party Intervener “The Equality and Human Rights Commission” argued that the fact that “the applicant was in direct contact with service users, a significant proportion of whom were of an ethnic or religious group towards which the BNP had expressed hostility, would render any interference with his rights under Article 11 proportionate” (paragraph 40). The case concerns the dismissal of an employee on account of his political affiliation with the British National Party (“the BNP”). INTRODUCTION. Redfearn v. the United Kingdom: Protection against Dismissals on Account of Political Belief or Affiliation December 11, 2012 December 13, 2012 Lourdes Peroni Uncategorized Last month , the Court decided a case that may end up in the Grand Chamber: Redfearn v. the United Kingdom . In a two-part post, Alan Bogg argues that the ECtHR reached the correct decision and considers the implications of this judgment. Another factor mentioned by the Third Party Intervener is whether or not public trust and confidence are involved. Strasbourg Observers would not be possible without the valued work of countless guest bloggers. One element any serious proportionality analysis could not ignore is that Mr. Redfearn was driving people against whom he publicly holds racist views. The Court held by a majority of 4 to 3 that the appellant's Article 11 rights had been violated. 2012 ) Practical law case Page D-015-5881 ( Approx them has to do with the of! 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