A bus driver sacked for being a member of the far-right British National
Party (BNP) is unlikely to have a case for unfair dismissal, according to legal
experts.
Arthur Redfearn is taking legal advice after being dismissed by West
Yorkshire Transport Service less than three weeks after his election to
Bradford Council.
The private company, which runs services for the council and the NHS, said
it was "incompatible" for a BNP member to be transporting large
numbers of Asians every day.
But lawyers believe the fact Redfearn had been employed for less than a year
significantly reduces his chances of bringing an unfair dismissal claim.
David Gibson, solicitor at law firm Dickinson Dees, said: "Unless he
could show other forms of discrimination then it will be difficult to bring a
claim."
However, Michael Ball, employment law partner at Halliwells, said that
Redfearn could have a case under racial discrimination legislation, in which
length of service is irrelevant.
He said the fact the employer referred to the "vast proportion" of
people using the service as being Asian could be significant, and a tribunal
could ask whether they would have treated him the same way if the bus service
had predominantly white passengers.
