What to do if an employee is a BNP member

by Catherine Woods - Thursday, 20th November 2008 - (1) comment

If you've spotted the name of one of your employees on the BNP membership list that's been made public, the worst thing you can do is dismiss them on the spot.

Mishcon de Reya employment lawyer Beth Leng says, like any dismissal, there are risks involved for the employer. “There’s the standard risk of unfair dismissal, and the risk if an employer acts unreasonably – regardless of the reason why they're firing someone,” she notes.

The issue with dismissing a member of staff because they’re part of the BNP is that person may be able to make a claim under the 2003 religious discrimination regulations.

“In April 2007, the definition of ‘religion’ or ‘belief’ changed,” Leng says. “The law previously said ‘any religious belief or similar philosophical belief’; ‘or similar’ has now been removed. At the time, there was no intention to widen the ambit of the regulation. However, it’s as yet untested. I’m sure that far right groups like the BNP will test the law to see if the tribunal will have any sympathy to extend the definition.”

If you’re still seriously thinking about progressing with dismissal, Leng says you should first consider the conduct of the employee at work, and your equal opportunity and diversity policies.

“You need to act within the terms of those policies,” she says. “If you’ve got someone who has been actively voicing discriminatory values and beliefs in the workplace, they will be in breach of your policies. If you’re relying on a breach of those policies, provided you dismiss the employee reasonably, you’ll be as safe as you can be.

"If you automatically dismiss everyone who is a member of the BNP, you’re going to face a significant risk.”

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1 Comments

December 01, 2008 3:57pm
Pat Harrington Says:

It would seem to me that any employer sacking a BNP member on political grounds is taking a substantial risk. Our Union, Solidarity, has offered immediate protection to anyone on the list who suffers discrimination at work. The president of the EAT has said subjecting someone to a detriment because of their BNP membership might be direct discrimination under the Employment Equality (Religion or Belief) Regulations 2003 to (‘Equal Opportunities Review’, issue 175, April 2008). I note that there have been several judgements under Article 9 of the ECHR which have extended the scope. Pacifism, Veganism and anti-abortion views have all been held to be covered. I see no logic in saying that the views of Nationalists or members of the BNP would not also be covered. I look forward to testing some of the anti-democratic poliicies aimed at denying BNP members their Human Rights before Courts in this country or elsewhere.