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| Bus driver sacked for BNP membership wins case in Strasbourg | Bus driver sacked for BNP membership wins case in Strasbourg |
| (7 days later) | |
| A Bradford bus driver should not have been sacked for being a member of the British National Party, the European court of human rights has ruled. | |
| Removing Arthur Redfearn, a BNP councillor, from his job transporting disabled passengers – most of whom were of Asian descent – breached his rights to freedom of association, the Strasbourg court declared. | Removing Arthur Redfearn, a BNP councillor, from his job transporting disabled passengers – most of whom were of Asian descent – breached his rights to freedom of association, the Strasbourg court declared. |
| "In a healthy democratic and pluralistic society, the right to freedom of association … must apply not only to people or associations whose views are favourably received or regarded as inoffensive, but also to those whose views offend, shock or disturb," the judgment said. | "In a healthy democratic and pluralistic society, the right to freedom of association … must apply not only to people or associations whose views are favourably received or regarded as inoffensive, but also to those whose views offend, shock or disturb," the judgment said. |
| The decision, by a majority of four votes to three, was one of three cases in a single day in which the United Kingdom was found to have violated individuals' rights under the European convention on human rights. | The decision, by a majority of four votes to three, was one of three cases in a single day in which the United Kingdom was found to have violated individuals' rights under the European convention on human rights. |
| The ruling on Redfearn, who was 56 when dismissed in 2004 by his employer, Serco, noted that: "Prior to his political affiliation becoming public knowledge, no complaints had been made against him by service users or by his colleagues. | The ruling on Redfearn, who was 56 when dismissed in 2004 by his employer, Serco, noted that: "Prior to his political affiliation becoming public knowledge, no complaints had been made against him by service users or by his colleagues. |
| "Nevertheless, once he was elected as a local councillor for the BNP and complaints were received from unions and employees, he was summarily dismissed without any apparent consideration being given to the possibility of transferring him to a non-customer-facing role." | "Nevertheless, once he was elected as a local councillor for the BNP and complaints were received from unions and employees, he was summarily dismissed without any apparent consideration being given to the possibility of transferring him to a non-customer-facing role." |
| It added: "It was incumbent on the [UK] to take reasonable and appropriate measures to protect employees, including those with less than one year's service, from dismissal on grounds of political opinion or affiliation." | It added: "It was incumbent on the [UK] to take reasonable and appropriate measures to protect employees, including those with less than one year's service, from dismissal on grounds of political opinion or affiliation." |
| Redfearn had initially appealed against his sacking on the grounds that he was the victim of race discrimination. An employment tribunal had, however, dismissed his claim in 2005, finding that any discrimination against him had been on health and safety grounds. | Redfearn had initially appealed against his sacking on the grounds that he was the victim of race discrimination. An employment tribunal had, however, dismissed his claim in 2005, finding that any discrimination against him had been on health and safety grounds. |
| His continued employment, the tribunal had said, could cause considerable anxiety among Serco's passengers and their carers. There was consequently a risk that Serco's vehicles could come under attack from opponents of the BNP. | His continued employment, the tribunal had said, could cause considerable anxiety among Serco's passengers and their carers. There was consequently a risk that Serco's vehicles could come under attack from opponents of the BNP. |
| Redfearn had been refused leave to take his case to the House of Lords but pursued it at Strasbourg. | Redfearn had been refused leave to take his case to the House of Lords but pursued it at Strasbourg. |
| The dissenting ruling by three ECHR judges, including the UK judge Sir Nicolas Bratza, found there had not been a violation of Article 11 of the convention, the right to freedom of association. Redfearn had been working for less than a year and his employment rights, they argued, were not as extensive as those who had been working for the qualifying one year period. | The dissenting ruling by three ECHR judges, including the UK judge Sir Nicolas Bratza, found there had not been a violation of Article 11 of the convention, the right to freedom of association. Redfearn had been working for less than a year and his employment rights, they argued, were not as extensive as those who had been working for the qualifying one year period. |
| "In a complex area of social and economic policy," the three judges observed, "it is in our view pre-eminently for parliament to decide what areas require special protection in the field of employment and the consequent scope of any exception created to the general rule." | "In a complex area of social and economic policy," the three judges observed, "it is in our view pre-eminently for parliament to decide what areas require special protection in the field of employment and the consequent scope of any exception created to the general rule." |
| In a separate case in Strasbourg, the UK was unanimously found to have discriminated against a Djibouti refugee, Hawa Aden Abdi, who was refused permission to join her husband in England. | In a separate case in Strasbourg, the UK was unanimously found to have discriminated against a Djibouti refugee, Hawa Aden Abdi, who was refused permission to join her husband in England. |
| Abdii and Ilyas Elmi Hode, who have two children, married after he was granted asylum in the UK in 2006. The ECHR noted that UK immigration rules have since been amended. | Abdii and Ilyas Elmi Hode, who have two children, married after he was granted asylum in the UK in 2006. The ECHR noted that UK immigration rules have since been amended. |
| In a third judgment, the court found that the UK violated the rights to a fair trial within a reasonable time of a convicted murderer, William Beggs, 49, because his legal appeals had taken too long. | In a third judgment, the court found that the UK violated the rights to a fair trial within a reasonable time of a convicted murderer, William Beggs, 49, because his legal appeals had taken too long. |
| In its ruling, the ECHR said: "The appeal proceedings had lasted 10 years, three months and 21 days. Although the case was complex, this did not in itself justify appeal proceedings which lasted over 10 years. | In its ruling, the ECHR said: "The appeal proceedings had lasted 10 years, three months and 21 days. Although the case was complex, this did not in itself justify appeal proceedings which lasted over 10 years. |
| "A substantial proportion of the delay had been caused by the applicant's own conduct. However, there were also periods of inactivity where the courts had failed to take steps to progress matters of their own motion, and this led the court to find a violation of the right to trial within a reasonable time." | "A substantial proportion of the delay had been caused by the applicant's own conduct. However, there were also periods of inactivity where the courts had failed to take steps to progress matters of their own motion, and this led the court to find a violation of the right to trial within a reasonable time." |
| Beggs was awarded €6,000 (£4,820) in damages and costs. The decision against the UK on delay is highly unusual. As the court added: "The vast majority of [delay] cases involved Ukraine, Turkey, Greece, Bulgaria, Germany, Hungary, Italy and Poland. There was only one finding of a violation in respect of the United Kingdom." | Beggs was awarded €6,000 (£4,820) in damages and costs. The decision against the UK on delay is highly unusual. As the court added: "The vast majority of [delay] cases involved Ukraine, Turkey, Greece, Bulgaria, Germany, Hungary, Italy and Poland. There was only one finding of a violation in respect of the United Kingdom." |
| Audrey Williams, partner and discrimination law expert at global law firm Eversheds, commented: | Audrey Williams, partner and discrimination law expert at global law firm Eversheds, commented: |
| "The government is likely to ask for the case to be referred to the Strasbourg court's grand chamber, to be re-examined by a full panel of 17 judges. It is not often that the grand chamber will agree to look again at an issue but it may well do so in this case given that Tuesday's decision was reached by the barest of majorities: of the 7 judges on the panel that considered the case, only four felt that UK law needs to change; the other three disagreed, saying our domestic law is fine as it is. | "The government is likely to ask for the case to be referred to the Strasbourg court's grand chamber, to be re-examined by a full panel of 17 judges. It is not often that the grand chamber will agree to look again at an issue but it may well do so in this case given that Tuesday's decision was reached by the barest of majorities: of the 7 judges on the panel that considered the case, only four felt that UK law needs to change; the other three disagreed, saying our domestic law is fine as it is. |
| "If the grand chamber does not overrule today's decision, UK law will have to change to give employees with short service the right to claim unfair dismissal if they have been dismissed because of their political affiliation, for example because of BNP membership. | "If the grand chamber does not overrule today's decision, UK law will have to change to give employees with short service the right to claim unfair dismissal if they have been dismissed because of their political affiliation, for example because of BNP membership. |
| "At the moment only those with a year's service or more can bring such claims – or two years' service for those engaged after 5 April this year due to changes introduced recently by the government. Until the law is changed, private sector employees are unlikely to benefit from this ruling." | "At the moment only those with a year's service or more can bring such claims – or two years' service for those engaged after 5 April this year due to changes introduced recently by the government. Until the law is changed, private sector employees are unlikely to benefit from this ruling." |
| A Department for Business Spokesperson said: | A Department for Business Spokesperson said: |
| "While disappointed with the decision, we're pleased that the court has recognised the validity of a general qualifying period for the right to claim unfair dismissal. The court has also rightly recognised that a balance must be struck between the interests of employers and employees where these come into conflict due to an individual's political affiliation. The government will examine the detail of the judgment and decide on a way forward in due course." | "While disappointed with the decision, we're pleased that the court has recognised the validity of a general qualifying period for the right to claim unfair dismissal. The court has also rightly recognised that a balance must be struck between the interests of employers and employees where these come into conflict due to an individual's political affiliation. The government will examine the detail of the judgment and decide on a way forward in due course." |