Updated to include information on McBride v Scottish Police Authority, in which the Supreme Court considered the employment tribunal's power to order reinstatement.
In Redfearn v United Kingdom  IRLR 51 ECHR, the ECHR held that an employee's rights under art.11 of the European Convention on Human Rights were breached when he was unable to challenge his dismissal following his election as a local councillor for the BNP.
The European Court of Human Rights has said that it was a breach of a BNP member's human rights for him not to have the opportunity to claim unfair dismissal on the basis that he was sacked for his "political opinion". He did not have the required one year's service in force at the time to bring a claim.
HR and legal information and guidance relating to exceptions to the minimum service requirement for unfair dismissal.