The Right Not to be Offended by Members of the British National Party: An Analysis of Serco Ltd v Redfearn in the Light of the European Convention of Human Rights

Abstract

The Court of Appeal has recently delivered its judgment in the case of Serco Ltd v Arthur Redfearn, which concerned the dismissal of a bus driver following his election as a local councillor for the British National Party (BNP).1 The question that calls for further enquiry is whether the existing legislative framework in the United Kingdom, as applied by the courts in the present case, addresses adequately the need to protect employees with political affiliations from the whole range of the political spectrum. This article analyses the scope of protection from discrimination on grounds of political opinion of employees, especially in the private sector, in the light of the principles of the European Convention of Human Rights (ECHR). Following the election of Redfearn as a local councillor for the BNP, the Transport Service Company to which he had been employed as a driver...