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Race discrimination: Dismissal of BNP candidate was 'on racial grounds'

This report relates to 1 case(s)

Key points

In Redfearn v Serco Ltd t/a West Yorkshire Transport Service 9.8.05 UKEAT/0153/05/LA , the EAT holds:

  • The tribunal erred in failing to adopt a broad approach, in accordance with Showboat Entertainment Centre Ltd v Owens [1984] IRLR 7, to direct discrimination "on racial grounds" under s.1(1)(a) of the Race Relations Act 1976, where the employee was dismissed because of his standing for, and subsequent election by the electorate of Bradford, as a councillor representing the British National Party.
  • The tribunal failed to apply the correct test from Nagarajan v London Regional Transport [1999] IRLR 572 in failing to consider whether the health and safety grounds raised for dismissal were significantly influenced by considerations of race.