0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

qualifying period for unfair dismissal to be removed for those dismissed for political opinion or affiliation

9 February 2013

The government has confirmed that it is to amend the law in light of Redfearn v UK.

Mr Redfearn argued he had been dismissed after becoming a BNP councillor, i.e. on grounds of his political affiliation. He was unable to claim unfair dismissal against his employer, Bradford City Council, because he did not have the continuity of employment needed to do so. He was unsuccessful with a claim under the Race Relations Act 1976 – his complaint was of discrimination on political grounds, outside of the scope of discrimination legislation. The European Court held the continuity requirement breached Article 11 of the European Convention, namely the right to protest and to freedom of association.

As a result, no continuity of service will be needed where the alleged dismissal is on grounds of political belief or affiliation. Employers must not overlook this new exemption when proposing to dismiss any employee who has not attained the relevant continuity of employment for a standard unfair dismissal claim.

related opinions

The High Court offers no comfort for beleaguered retailers

Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.

View blog

Equal pay at ASDA stores - appeal to the Supreme Court unsuccessful

35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.

View blog

Service charges – the bad news keeps coming for tenants!

A few months ago, we discussed a case where the Court of Appeal ruled that the wording of a lease precluded the tenant from arguing that certain costs should not have been included in the service charge calculation. A recent high-profile case concerns a broadly similar issue, this time in relation to the proportion of the landlord’s costs payable by a tenant.

View blog

A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease

The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up