Dismissal for manifesting offensive political opinions

Someone who is dismissed for simply holding offensive political opinions may have a claim for unfair dismissal and freedom of expression rights under Article 10, European Convention on Human Rights. In addition, some political beliefs may be protected by the Equality Act 2010. See page 228 of Chapter 7.

As always, a fair dismissal requires well-publicised rules and policies making the employer’s standards clear.

No length of service is needed for a claim for unfair dismissal where the reason or main reason for dismissal is or relates to an employee’s “political opinions or affiliation” (section 108(4), ERA 96, Redfearn v The UK [2012] ECHR 1878).