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I would even say that it is absolutelyessential to democracy
Its not a absolute principle.
If he was working for the Labour party and it turned out that he was a member of the Conservative party, nobody could argue against his sacking...from there it's just shades of grey to this.
Originally posted by Zulu Elephant
Its not a absolute principle.
If he was working for the Labour party and it turned out that he was a member of the Conservative party, nobody could argue against his sacking...from there it's just shades of grey to this.
That's the point I was going to make. At some times sacking people for political beliefs is ok. One is the party example brought up by Zulu. Another is if a Communist magazine fires someone who professes their membership in a Fascist party (or vice versa).
In those situations, firing based on political views is valid.
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Originally posted by Imran Siddiqui
In those situations, firing based on political views is valid.
That's because these jobs are inherently political in nature, considering that the purpose of the employees is to promote a political idea. 99.99% of the jobs out there are not of this nature, and it isn't "shades of grey" then: political jobs are completely odd, they don't belong to a continuum of jobs that are more-or-less politically loaded.
If you allow employers to fire people because of their political beliefs, you basically kill any popular movement, except the ones with which the employers can be in agreement (hint: in economic issues, the employers overwhelmingly agree with each other)
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In the US, in those states with fire-at-will laws, it is perfectly acceptable to fire somone for being a member of a political party, as long as you are a private employer. Per se you have "Freedom of Association", it's just that you do not have that in conjunction with retaining your job.
Otherwise you need to belong to a protected class in the USA to avoid non-cause based firing (in fire-at-will states). That includes being disabled (with exceptions that you obviously must be able to do the job with reasonable accomodation), age (40 or older I believe), race (typically minority, reverse discrimination case for whites are viciously hard to win), sex (same as for race, women have substantially more protections than men, though more cases have been won by males than by whites in the previous example, from my understanding), etc.
It's a very complex area of law, and it is the one area that small employers who like the flexibility of fire at will get in trouble. They have a record of arbitrarily firing people simply because they have supervisors who are jerks, and then the supervisor fires someone who is a protected class, who can show than the supervisor's favorites, who for example were all white male drinking buddies, did worse jobs but were not fired.
The only place that there are any consequences to the "fire-at-will" rules are concerning Unemployment Compensation. Each state differs, but in general if you are fired for good cause you can be denied unemployment. This actually pays off for the employer, because increased claims increase their rates. Most Unemployment Boards, or however the state adjudicates this, tend to be favorable to employees, or at least they used to.
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I don't think he can make his outragous "racial discrimination" claim stick.
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I should have clarified, some states do have laws protecting freedom of association from retribution. There is no federal right reference employment, so it is a patchwork.
The worst form of insubordination is being right - Keith D., marine veteran. A dictator will starve to the last civilian - self-quoted
And on the eigth day, God realized it was Monday, and created caffeine. And behold, it was very good. - self-quoted Klaatu: I'm impatient with stupidity. My people have learned to live without it.
Mr. Harley: I'm afraid my people haven't. I'm very sorry… I wish it were otherwise.
In the US, the feds make a distinction between party affiliation and party activity. I'd be allowed to be a card-carrying member of the KKK, but I wouldn't be allowed to attend any rallies.
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He may have a chance under different human rights legislation (right to free speach) although thats doubtful.
His chances on racial discrimination are nil
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Originally posted by Oerdin
It is kind of wrong to fire people for their political beliefs even if they are asshats. As long as he doesn't bring his politics into the work place he should get a chance to work just like everyone else.
Yep.
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But he touched it too much!
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Re: Re: Racial discrimination against BNP members?
Originally posted by C0ckney
it will certainly be interesting to see how the courts approach this one. it would be very hard for them to say that someone doing something perfectly legal outside of work is grounds for sacking someone.
If he's held to be in breach of his contract (which almost certainly would contain clauses about not acting to the detriment of his employer's legitimate business interests within the existing framework of employment law) then even lawful activities can merit the sack.
For instance, I could get a week job in MacDonalds, then spend my weekends protesting lawfully about them outside their front door. You can bet I'd be sacked very quickly.
So if an employee's political actions leave the company exposed to boycotts, then there could be a case for breach of employment contract.
the yorkshire post article you posted says that when he was dismissed he was delivering mail, not driving buses, so he wouldn't have had much direct contact with their customers.
it's difficult to see how his actions could be construed as a detriment to the companies legitimate business interests, unless they find that simply being a member of the BNP can be such a detriment, which i think the court will be reluctant to do, for obvious reasons.
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I think as long as we restrict this to racists, I have no problem. The problem is that once the door is opened, authorities always use this against anyone who is an oppositionist: leftist, liberal, religious nut, etc. Thus it is in my best interests not to allow scum buckets like this to be fired, since it will inevitiably bite me on the ass.
Once I'm in charge though
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Originally posted by C0ckney
the yorkshire post article you posted says that when he was dismissed he was delivering mail, not driving buses, so he wouldn't have had much direct contact with their customers.
Doesn't matter. If his actions cause a boycott of the buses, he's affecting their business interests whether he faces the public or not.
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