A Sense of Irony and a Strong Stomach …

6 Nov

… are recommended as Reading Aids for one of this week’s Human Rights cases, Redfearn v UK (2012) (ECHR) <click left for link>.See here for the Human Rights Blog’s admirably rational summary <click left>.

The Applicant was a BNP (British National Party) Councillor in Bradford. After this came to his employer’s knowledge, he was dismissed in 2004 citing Health & Safety grounds, although it seems reasonably clear that the real issues were: (1) the Applicant’s politics, and (2) Bradford’s substantial Asian communities, with whom the Applicant’s work for Serco brought him into contact.

Some years later he ends up in the ECHR – we said you needed a sense of irony – and succeeded in the Fourth Section of the ECHR on an Article 11 Freedom of Association complaint, by a bare majority, the UK Judge Sir Nicolas Bratza dissenting.

The original Strasbourg hearing is here in January 2009, following a UK Court of Appeal case in March 2006 Serco Ltd v Redfearn [2006] EWCA Civ 659 (CA). The time taken is striking – possibly no-one was in much of a hurry. The CA pay tribute to the barristers’ endeavours …

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