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R edfearn v UK : Political Association and Dismissal
Author(s) -
Collins Hugh,
Mantouvalou Virginia
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12040
Subject(s) - dismissal , freedom of association , politics , unfair dismissal , political science , democracy , law , political action , action (physics) , association (psychology) , law and economics , economics , psychology , physics , quantum mechanics , psychotherapist
In R edfearn v UK the E uropean C ourt of H uman R ights examined the question whether dismissal for membership of a political party is compatible with freedom of association under Article 11 of the E uropean C onvention on H uman R ights. The C ourt 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 C onvention rights; second, the grounds under which an employer may justify the lawfulness of a dismissal that interferes with a C onvention right; third, the available remedies against the employer when there is a breach of a C onvention right.