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Dismissal for political belief or affiliation
From 25 June 2013, no service is needed for a claim for unfair dismissal where the reason (or if more than one, the principal reason) for the dismissal “is or relates to the employee’s political opinions or affiliation”. This change is by amendment to section 108 of the ERA 96, via the Enterprise and Regulatory Reform Act 2013. It follows a 2012 decision of the European Court of Human Rights (ECHR) in Redfearn v The United Kingdom (Application No.47335/06).
In Redfearn, the ECHR decided that the UK was in breach of Article 11 of the European Convention on Human Rights (the right to freedom of association) by failing to provide a remedy for individuals dismissed because of their political beliefs:
Mr Redfearn, a British National Party councillor, was dismissed by his employer Serco, who provided services for Bradford City Council transporting mostly Asian vulnerable children and adults, because of his extreme views on immigration. He did not have enough continuous service for a claim for unfair dismissal.
The ECHR ruled that Article 11 of the European Convention on Human Rights entitled Redfearn to a fair hearing following his dismissal for holding political beliefs, however odious. The service requirement under unfair dismissal law, which enabled his employer to dismiss him because of his beliefs without a fair hearing, resulted in a breach of the Convention. The ECHR did not decide that Redfearn had been unfairly dismissed. Instead, all it decided was that he was entitled to a fair hearing.
Redfearn v The United Kingdom (Application No.47335/06)
The UK responded to the Redfearn decision by adding an additional category to the list of reasons for dismissal for which no qualifying service is needed, namely dismissal where the reason (or principal reason) for the dismissal is, or relates to, the employee’s “political opinions or affiliation”.
A dismissal for political affiliation will not be automatically unfair under the new law. All that the change means is that a person dismissed for this reason need not have any service in order to bring a claim. It is up to the tribunal to decide whether the dismissal was fair, looking at all the circumstances of the case and applying the normal test in section 98(4) ERA 96.
Note that Northern Ireland already has laws prohibiting discrimination on grounds of political belief.