Anna Macey analyses the implications of the decision in Redfearn v Serco
Arthur Redfearn was employed as a bus driver by Serco Limited, a private company providing transport to primarily Asian passengers for Bradford City Council. There were no concerns about Redfearn’s work, and his Asian supervisor nominated him for a “first class employee” award. A local paper identified Redfearn as a British National Party (BNP) candidate in local elections and, shortly after, several trade unions objected to Serco about his continuing employment. Redfearn was subsequently elected as a BNP councillor, and dismissed 15 days later.
Unable to claim unfair dismissal because of the qualifying period, Redfearn argued his dismissal was discriminatory “on racial grounds” under the Race Relations Act 1976. This was resoundingly rejected by the Court of Appeal, with Mummery LJ ruling that his complaints were of discrimination on political grounds, which was not protected. The Court of Appeal also rejected Redfearn’s complaint that his rights under the European Convention on Human Rights had been violated because Serco was not a public authority.
Redfearn complained to the European Court
