Redfearn v. UK: Political Association and Dismissal
Modern Law Review, 2013
Posted: 26 Mar 2013
Date Written: March 25, 2013
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
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