Serco Ltd v Redfearn

The dismissal of Mr Redfearn was not on racial grounds within the meaning of the Race Relations Act 1976. The grounds for dismissal were not racial but related to health and safety concerns arising from his membership in the BNP. No case of direct or indirect race discrimination was made out, and human rights arguments were not applicable as Serco is not a public authority.

Parties: Appellant: Serco Limited; Respondent: Arthur Redfearn
Jurisdiction: England and Wales
Judgment Date: 25 May 2006
Procedural Posture: Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome: Appeal allowed; claim for race discrimination dismissed
Legal Topics: Race Discrimination, Direct Discrimination, Indirect Discrimination, Employment Termination, Human Rights

Employment Law Discrimination Law Race Discrimination Direct Discrimination Indirect Discrimination Employment Termination Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Serco Limited

Appellant

Arthur Redfearn

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

1 Whether the dismissal of Mr Redfearn by Serco Limited constituted direct or indirect race discrimination under the Race Relations Act 1976
2 Whether the Employment Tribunal erred in law in its interpretation and application of the 1976 Act
3 Whether human rights arguments under the ECHR were applicable

Ratio Decidendi

Court Disposition

Appeal allowed; claim for race discrimination dismissed

Orders

Order of the Employment Tribunal dismissing Mr Redfearn's claim for race discrimination restored