European Ruling Means That UK Employees Will Be Protected Against Politically Motivated Sackings

Cases of unfair dismissal have been well documented for many years, thanks largely to the level of emotion that is involved in such cases. New laws and regulations have been implemented which have seen tribunals increase. While the European Union may sometimes be accused of meddling in UK affairs, one proposed change that looks unlikely to be met by any competition is one that will protect employees against politically motivated dismissals.

The European Court Of Human Rights

The European Court of Human Rights found in November 2012 that UK law does not provide an adequate level of protection for people that are dismissed as a result of their political leanings. This protection will be extended to members of all political parties including the BNP and while it does not necessarily mean that employees cannot be sacked for their political beliefs, it does mean that they will be afforded the opportunity for a tribunal.

Tribunals

Tribunals are used as a means to determine whether a sacking was just and reasonable. It provides dismissed employees with an opportunity to air their grievances and have their cases heard while also offering the employer the chance to air their own grievances and give their reasons for dismissing a particular staff member. It is meant, essentially, as a form of protection for employees.

Employment Law

Employment law means that employees have a means of recourse if they are unfairly sacked. For example, if somebody believe that they have been sacked for being too old or because they are disabled or a particular race then they are offered the protection of a tribunal. At this tribunal, it will be determined whether or not the individual is right in their accusation and whether the former employer has a case to answer.

No Competition

The proposed changes will be debated in the House of Lords on 26th February and there is not expect to be any competition to the new amendments being passed.

The Changes

The change in law would mean that any employee, regardless of their length of service, will be able to challenge what they see as a politically motivated or politically driven dismissal. It may still be possible for an employer to dismiss based on political preferences, but not if they are simply worried about any bad press or embarrassment that may arise. If a person’s political beliefs are in stark contrast to a company’s ethos, however, then it may be possible to justify dismissing that individual.

This article has been written and distributed by BCL Legal.

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