Redfearn v the United Kingdom

Redfearn v the United Kingdom [2012] ECHR 1878, ECtHR

Facts

The applicant claimed that his rights were violated when he was fired from his job as a driver transporting children and people with physical and/or mental problems. He had run for election as a candidate for the British National Party, a party that at the time was only open to white nationalists. The bulk of his clients and a sizable number of his co-workers were Asian. His dismissing had been requested by a labour union. He was dismissed immediately after being elected. He claimed racial prejudice. The Court of Appeal had upheld his dismissal.

Held

The UK legal system had weaknesses in that it disallowed any prospective claims of political belief-based discrimination. Because the qualifying period of one year for unfair dismissal left no room for a claim that he was discriminated against on the basis of his political beliefs, the applicant's right to freedom of association had been infringed and violated.

Comment

To summarise, while the Court's support for the applicant's right is limited to the right to sue his employer, the Court's decision ultimately pushes for larger positive obligations to protect individuals' political views/affiliations (both tolerant and intolerant) in the workplace. The message in Redfearn is clear: claims for unfair dismissal in such instances, regardless of the nature of the belief, should be accorded exceptional protection.