Firms warned against knee–jerk response to BNP employees
Small Business News- 3rd December 2008
Employers have been warned not to act in haste against staff who have been exposed as British National Party (BNP) members, following the recent publication of a leaked BNP membership list on the internet.
The list includes the names, addresses and job details of around 12,000 people in the UK. Some members of the far–Right party have reported fears of a backlash at work, including the possibility of disciplinary action.
However, legal experts have cautioned against a knee–jerk response, and warned employers to tread carefully to avoid the risk of unfair dismissal or discrimination claims. Mark Higgins, employment law partner at law firm Ralli said:
“The starting point is that there is no automatic right to dismiss an employee for membership of a political party, in most occupations at least,”
Higgins added that different employers were likely to have different priorities when considering a course of action such as company reputation, customer reaction and potential damage to client relationships.
“The firm’s workforce will also be relevant if there are objections to working alongside the BNP member. In the interest of employee relations, the employer may need to determine whether or not the BNP member can continue working for them.” he said
Adele Aspden, associate practice lawyer at legal firm Eversheds warned that employers needed to be aware that staff with a year’s service or more would be protected against being unfairly dismissed.
“If an employee’s political activities have an impact on colleagues, customers or the local community, then it could be reasonable for an employer to take action.”
“But dismissing someone simply because they are a member of a political party such as the BNP is likely to be much more difficult to justify. An employer will be on firmer ground if membership of certain organisations is incompatible with the individual’s job and there is a clear policy spelling this out.”
“Even so, this is an extremely tricky legal area. Legislation prohibiting discrimination on grounds of belief could also catch employers out, and even data protection laws mean there could well be restrictions on how employers use any information taken from the BNP list. Before action is taken, it would be advisable to seek professional legal advice so that the risk of a claim is minimised.” said Aspden
Read about discrimination and how it may affect you.
http://www.is4profit.com/news/small-business-news/20081203_firms-knee-jerk-bnp-employees.html
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12 comments:
If it is lawful to sack an employee for membership of the BNP, the employer would have to prove that the employee was in fact a member.
Simply having your name appear on a BNP membership list does not prove you are a member of the BNP.
Any BNP member accused of membership should therefore keep silent.
He should require his employer to present proof of his membership before he offers to answer any accusation.
If confronted with the list, he should simply point out that this list does not constitute proof.
Firstly, the list would have to be verified.
So the employer should be required to show how he came by the list.
If it was unlawfully obtained, then the employer would have difficulty maintaining that the list was even evidence, much less proof.
If the list was lawfully obtained, the employer should then be required to show evidence that it was an accurate list.
This should prove almost impossible, even if the BNP was willing to help. I doubt the BNP's record keeping procedures would allow even the BNP to produce a list that was 100% accurate. Just look at the twits in charge of BNP administration.
Any BNP member accused of membership could simply point out the history of those in the BNP administration and quite reasonably claim that nothing from that administrationcould be relied upon.
An employer should be further required to prove that nothing had been added to the list since it left BNP hands.
That would be almost impossible, seeing as the list was stolen in the first place and then distributed by people of ill will.
Each person in the chain from the BNP to the employer would have to be identified and then shown to be reliable. That could only be done by testimony under oath in the witness box during a trial. The court would then see the demeanour of these witnesses and decide if they were truthful.
Can anyone really see that happening?
The person who first stole the list and released it would have to be identified and then be willing to be a witness in court in order for anyone to prove the list was wholly genuine.
I believe therefore that all BNP members should keep calm and prepare themselves for any accusation, knowing that it just cannot be proved.
Do not say anything when accused.
Refuse to respond to unproven accusations.
Put the ball back in the court of the accuser/employer.
Bill Jax
Bill Jax
Very well said.
Do not say anything when accused.
Refuse to respond to unproven accusations.
Put the ball back in the court of the accuser/employer.
and then wait for them to find another reason to kick you out.
MOFO said...
Do not say anything when accused.
Refuse to respond to unproven accusations.
Put the ball back in the court of the accuser/employer.
and then wait for them to find another reason to kick you out.
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Yeah like being White!
This seems like a covert way of getting info across to employers as to what they should say or use as an excuse to get rid of BNP members. IT reads to me like, just cite that customer relations have been damaged, and you can sack them.
Tell you what employers, if I find any Muslim working for you will not get my money
Aberdeen
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Yeah like being White!
03 December 2008 21:28
To true
They have to fill their ethnic quota. They don't give a flying pigs arse for white British workers anymore. They are to busy kissing the arse of multiculturalism as if it will buy them friends. The unions that our ancestors founded have been taken over by dirty rotten scum and if the Tories get in next time I hope they finish what Thatcher started and smash them out of every workplace and classroom. Fucking poison who stand by and send our jobs abroad and think more of foreign fucking wankers.
Few people vote and even fewer people give a damn about ideology and party affiliations. This paradoxically is the other side of the frustration of "Why don't people care about whats happening to their country etc" (People are very very interested in their pocket contents )
Persecution does take place through the institutions of court/police but the worse thing is fear itself. Take this from someone who has been through it.
They not only give them preferential treatment. They also write expensive fucking reports for them. I'm sick of this, the ballot box isn't working. When are we going to start fighting back? This is our country.
http://police.homeoffice.gov.uk/publications/equality-diversity/race/race-employment-targets-report?
"Why don't people care about whats happening to their country etc" (People are very very interested in their pocket contents )
Because people no longer have hope. Money buys things to numb the pain.
True but the BNP can dismiss you on trumped up charges using a constitution that does not exist and an amendment of that constitution that does not exist ,i mean the 2006 constitution as the BNP are still using the 2005 constitution.
I could make this up could i ,well i have not made it up have I Mr N. Griffin.
copy this as many times as you like and distribute.
I could make this up could i ,well i have not made it up have I Mr N. Griffin.
copy this as many times as you like and distribute.
03 December 2008 23:35
That's why the BNP will always fail. What it wants for itself it doesn't want for others. The BNP is a hypocrite like all other political parties, and its time we formed underground cells and fought back. The era of the Lone Wolf and leaderless resistance is upon us.
Yes Look at Poor Old John Walker Sacked from the Treasurey Job, and Now Sacked from the Logistics Managers job. He is now on the DOLE thanks to G£iffin
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