Serco challenge on BNP sacking

Rob Waugh | Thursday, 18 August 2005 Source: Yorkshire Post

ONE of the country's major public sector employers is to fight a legal decision to force a fresh employment tribunal after it sacked a worker for being a British National Party activist.

Serco, which runs Education Bradford among a series of pubic sector contracts in the UK, said it was taking a principled stance by challenging the decision to quash an original tribunal ruling which found the sacking legal. It has now formally lodged an appeal with the Court of Appeal.

The company sacked Bradford BNP councillor Arthur Redfearn from his job as a bus driver with subsidiary West Yorkshire Transport Services last June when it was discovered he was standing for election.

Earlier this year a tribunal found in Serco's favour and dismissed Coun Redfearn's claim he had been racially discriminated against because of his membership of the BNP. However, an employment appeal tribunal last month quashed the decision, leaving the possibility that Coun Redfearn could win thousands of pounds in compensation at a fresh tribunal.

It said "racial grounds" had played a major role in the sacking and that, according to the exact wording of the Race Relations Act, Coun Redfearn could well have a legitimate case regardless of whether that may appear a perverse interpretation of the law.

Solicitor Nick Thomas, who is representing the company, said: "Serco is very concerned about the interpretation given by the employment appeal tribunal of the Race Relations Act, in particular the suggestion that the Act can be used to protect people on the basis of their racist views. It will create uncertainty for employers who cannot now safely discipline any employee who may be guilty of racist conduct."

But Coun Redfearn's lawyer, Philip Chapman, said: "A very clear judgment was given, firmly quashing the tribunal decision and giving guidance on the law. There is no good reason for Serco to take this further..."