So, in a way this story is a good instance of an apparently powerless individual achieving a great victory by sheer determination and willpower. This is the story of Mr Arthur Redfearn’s fight for justice. Mr Redfearn having been considered to be a first class employee, as soon as it became known that he was standing as a council candidate for the BNP, found himself fired on the utterly spurious grounds of Health and Safety (in that somebody protesting about him might injure themselves!).
Mr Redfearn had mixed fortunes before the English legal system. He lost before the Employment Tribunal, I think on the basis that his lawyers failed to challenge the ludicrous Health and Safety argument of his erstwhile employer Serco. He then succeeded in the Employment Appeal Tribunal arguing that he had been racially discriminated against and his Rights of Freedom of expression under Article 10 and of Association under Article 11 of the European Convention of Human Rights had been infringed. He then lost before the Court of Appeal but then took his case to the European Court of Human Rights and on the 6th November, one day after fireworks day, the European Court of Human Rights delivered a bombshell Judgment in which they upheld his right to Freedom of Association and held that right should have trumped all other considerations in a finding of unfair dismissal.
Article 10 and 11 of the European Convention of Human Rights reads as follows:-
Article 101. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 11
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.”
This Judgment is a great credit to the tenacity of Mr Redfearn, but is also an excellent legal principle which will help anyone who is a member of any Party or any Association which our currently politically correct masters disapprove of.
All parts of the State, including the National Health Service, Police, etc., now must not discriminate against people because of membership of politically incorrect Associations. Any breach of this requirement will attract an award of damages – if the victim sues. I would naturally urge any such victim to do so! So much for us all being powerless to make a change!
Here is a link to the full text of the Judgment >>> http://www.bailii.org/eu/cases/ECHR/2012/1878.html .