BNP Bus Driver Wins Human Rights Case

A bus driver who was sacked for being a member of the British National Party (BNP) has won his case at the European Court of Human Rights.

The court ruled the company’s actions breached the law on Freedom of Assembly and Association because Mr Redfearn lost his job of six months only because of his membership of a political party.

Arthur Redfearn was dismissed from his job as a bus driver in 2004. He had initially lodged a claim of race discrimination, but this was dismissed by an employment tribunal.

It found his dismissal from his job was down to health and safety issues.

His employer Serco said it sacked him because it feared reprisal attacks after he won a seat on Bradford Council.

The tribunal said there was a possibility Mr Redfearn’s employment with the company could cause anxiety among passengers, and that there was a risk Serco’s vehicles could be targeted in attacks.

In July 2005 he appealed against the decision and won, after the tribunal heard no consideration had been given to any alternatives to dismissal.

But then in May the following year, the Court of Appeal allowed Serco's appeal on the grounds that Mr Redfearn's complaint was of discrimination on political and not racial grounds, which fell outside anti-discrimination laws.

The European court judges said: "The court was struck by the fact that he had been summarily dismissed following complaints about problems which had never actually occurred, without any apparent consideration being given to the possibility of transferring him to a non-customer facing role.

"In fact, prior to his political affiliation becoming public knowledge, neither service users nor colleagues had complained about Mr Redfearn, who was considered a 'first-class employee'."

(IT/GK)