![]() |
|
||||||||||||||||||||||
|
5 June: more on Redfearn v Serco The text of the judgment has now been published online. 29
May: Redefearn v Serco 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
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.
| |||||||||||||||||||||||