Labour Research (July 2003)

Features: Equality

Unions want legal right to expel racists

Trade unions are campaigning for a change to the law to allow them to expel racists and fascists.

The campaign has been given extra momentum following a ruling by an employment tribunal that train drivers' union ASLEF had acted unlawfully in expelling a member of the British National Party.

The tribunal said that the expulsion of train driver Jay Lee, who stood as a BNP council candidate in south east London last year, breached section 174 of the Trade Union and Labour Relations (Consolidation) Act. Expulsion would only be permitted on grounds of his conduct at work.

The ASLEF rule book bars from membership those who "by choice ... are members of, supporters of, or sympathisers with, organisations which are diametrically opposed to the objects of the union, such as a fascist organisation".

However, the tribunal decided that the law took precedence over the union rule book. ASLEF is intending to appeal against the ruling.

Other unions are also backing a call for a reform of the law, introduced by the Tories, so that members of extreme right-wing parties can be excluded.

Last month's conferences of both the CWU communication workers' union and the GMB general union supported calls for a change to the law, and vowed to continue opposing fascism and racism.

However, a Leicester tribunal recently upheld UNISON's decision not to readmit a BNP member because of his previous conduct which included objecting to women-only meetings and gay pride events.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.