Redfearn v. UK: Political Association and Dismissal

Modern Law Review, 2013

Posted: 26 Mar 2013

See all articles by Virginia Mantouvalou

Virginia Mantouvalou

University College London - Faculty of Law

Hugh Collins

London School of Economics - Law Department

Multiple version iconThere are 2 versions of this paper

Date Written: March 25, 2013

Abstract

In Redfearn v. UK the European Court of Human Rights examined the question whether dismissal for membership of a political party is compatible with freedom of association under Article 11 of the European Convention on Human Rights. The Court endorsed a strong commitment to multi-party democracy and protection of employees against the domination of the employers. This note discusses the judgment and its implications for UK law, looking at three key issues: first, whether the law of unfair dismissal provides effective protection against action that poses a threat to the enjoyment of Convention rights; second, the grounds under which an employer may justify the lawfulness of a dismissal that interferes with a Convention right; third, the available remedies against the employer when there is a breach of a Convention right.

Keywords: Dismissal, human rights, test of fairness, Article 11 ECHR, freedom of association, domination

Suggested Citation

Mantouvalou, Virginia and Collins, Hugh, Redfearn v. UK: Political Association and Dismissal (March 25, 2013). Modern Law Review, 2013. Available at SSRN: https://ssrn.com/abstract=2239315

Virginia Mantouvalou (Contact Author)

University College London - Faculty of Law ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Hugh Collins

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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