Court: Bus firm breached Article 11

A bus driver who was sacked as a result of his membership in the far-right BNP had his human rights breached, the European Court of Human Rights has ruled. Arthur Redfearn, 56, embarked on a long legal campaign after being fired from his job in Bradford in 2004. His role required him to transport mainly Asian adults and children with disabilities. The chamber of the court found on a 4-3 majority that Serco Ltd breached Article 11, the Freedom of Assembly and Association, in dismissing Mr Redfearn solely due to his membership of a political party. There had been no apparent consideration by Serco to transfer the driver into a non-customer facing role, the court noted. The judges also lent weight to the fact that Mr Redfearn had been considered a “first-class employee” up until his political leanings had been made public. They also stated in their decision: “The Court was struck by the fact that he had been summarily dismissed following complaints about problems which had never actually occurred.” Article 11 must be applied to those whose views cause offence as well as those whose views are “favourably received or regarded as inoffensive”, the judgment added. The judgment also spoke out against Mr Redfearn’s inability to bring a case of unfair dismissal against his employer in 2004 because under UK law he had not worked at the firm for a sufficiently long period of time. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team: call us on 08456 381381 or email employment@ibblaw.co.uk.