Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEquality, diversity and inclusionReligion

Government removes unfair dismissal qualifying period over political opinions

by John Eccleston 14 Feb 2013
by John Eccleston 14 Feb 2013

The Government has announced its intention to amend the Enterprise and Regulatory Reform Bill to remove the two-year qualifying period for unfair dismissal where the alleged reason for dismissal is political opinion or affiliation.

The move follows the European Court of Human Rights’ (ECHR) decision in the case of Redfearn v United Kingdom.

The case involved a bus driver’s dismissal after he was elected as a local councillor for the British National Party. The ECHR said it was a breach of his human rights to not have the opportunity to claim unfair dismissal due to being sacked for his political opinion.

The bus driver was not able to bring the unfair dismissal claim since he did not have the required one year’s service (which has since been increased to two years).

The Government has confirmed it will not appeal the ruling, and will amend legislation to comply with the ECHR’s decision.

In a ministerial statement, employment relations minister Jo Swinson said: “Having considered the judgment, the Government has decided not to appeal this decision. To bring our legislation into line with the ruling, we have tabled an amendment to the Enterprise and Regulatory Reform Bill, currently before the House of Lords.

“This amendment exempts claimants who allege that their dismissal was on the grounds of political opinion or affiliation from the two-year qualifying period.”

Stephen Simpson, XpertHR senior employment law editor, said the decision could lead to an increase in claims: “Employment tribunal claims for dismissals involving political opinions tend to lead to religion or belief discrimination claims – for which there is no qualifying period – under the ‘philosophical belief’ heading.

“Unfair dismissal claims in this area are rare, but it is possible that the specific provision for ‘political opinion and affiliation’ and the removal of the qualifying period will lead to an increase in this type of unfair dismissal claim.

“Employers will have to show that any dismissal for political opinions falls within the ‘range of reasonable responses’. Cases are likely to revolve around the conflict between the employee’s views, which shouldn’t conflict with the rights of others, and the employer’s values and reputation. For example, dismissals for belonging to an extremist organisation will remain a fair reason for dismissal.”

For more information, see XpertHR’s coverage of today’s announcement.

Avatar
John Eccleston

previous post
Six steps to double the business value of HR data and metrics: part 2
next post
Could holographic technology revolutionise training and development?

You may also like

Meet Andrew, the chief executive – according to...

29 Sep 2023

Women at FTSE 100 firms won’t gain equality...

28 Sep 2023

Labour pledges small business menopause guidance

27 Sep 2023

Finance regulator consults on tougher conduct rules

25 Sep 2023

One in four over 50s working part-time

25 Sep 2023

AI in employment: the pitfalls and laws on...

21 Sep 2023

Coalition of firms sets out to boost diversity...

21 Sep 2023

CIPD publishes manifesto for good work

20 Sep 2023

Right to predictable working hours receives Royal Assent

19 Sep 2023

Gender pay gap could take 63 years to...

13 Sep 2023

  • Almost a fifth of UK workers feel undervalued – we need to solve this PROMOTED | A new report has found...Read more
  • Discover the value of CIPD accreditation PROMOTED | See how the CIPD can increase your earning potential...Read more
  • What does it mean to be an HR professional in 2024? (survey) PROMOTED | The world of HR is changing rapidly...Read more
  • The Contractor Management Mastery Pack: Everything you need to manage and pay global contractors PROMOTED | Answers to cross-border...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+