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5 June: more on Redfearn v Serco

The text of the judgment has now been published online. 

29 May: Redefearn v Serco
Coverage of the story: here, here and here. 

25 May: good news

The Court of Appeal have overturned the EAT ruling in Redfearn v Serco: ruling (in effect) that it may be lawful to dismiss an employee for racist conduct, and dealing the BNP in particular (Redfearn was one of their candidates) a blow. I'll feed back on the legal issues as soon as I get sight of the judgment: below are my old concerns about the previous and unhelpful EAT ruling, which has now been overturned.

16 February: Redfearn v Serco
I understand that the Court of Appeal will be hearing the case of Readfearn v Serco on March 28 and 29. 

 

To people who've not been following the case, I would say that it is potentially just as important as the recent trial of Nick Griffin. 

 

It concerns a man who was a British National Party candidate in local elections. Workmates complained about being employed alongside someone they judged to be racist, and Redfearn was sacked. 

 

The Employment Tribunal upheld this decision, but the Employment Appeals Tribunal reversed it, arguing that if Redfearn was sacked for being a racist, then he was sacked 'on racial grounds', which would be an automatically unfair dismissal. 

 

Taken logically, the EAT decision would seem to be mean that if one person A at work was involved in prolonged acts of racial harassment against another person B, and if that person A was disciplined for those acts, then A would have the protection of the courts against their punishment. 

 

As I say, the case comes before the Court of Appeal at the end of March: I hope and trust that the EAT decision will be reversed. 

 

Comments on R v Griffin here

 

More on the history of fascism and anti-fascism in Britain here.