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UK: Trade Unions expulsion of racist was legal

01 July 2007

In February the European Court of Human Rights (ECHR) ruled that the UK was in breach of the ASLEF trade unions fundamental rights when it prevented it from expelling a member of the far-right British National Party (BNP) in 2002. The train driver's union sacked BNP member, Jay Lee, when he was discovered working for Virgin Trains but two employment tribunals held that his expulsion was unlawful. ASLEF had expelled Lee once they became aware that he had been accused of harassing anti-racist campaigners and had written articles for the BNP's now defunct magazine, Spearhead. He was also an election candidate in 2002.

After the second tribunal ASLEF had been forced to readmit Lee and, had the decision stood, would have been liable for up to £60,000 in compensation. At the ECHR the union argued that it should be entitled to refuse membership to individuals who expounded views that were diametrically opposed to their values, such as racial discrimination. Balancing the rights of ASLEF and Lee, the court held that the union had the right to choose its own members and that Lee's expulsion had not impinged on his rights in a significant way. All trades unions are now free to expel BNP members and the law in the UK will have to be amended to incorporate this fact. Eighteen trade unions gave ASLEF financial assistance to take the case to Europe.