Last week, the details of 12,000 British National Party members were leaked on the Internet, raising important employment law issues over how employers should react when they discover that an employee has controversial political affiliations.

In the public sector, many organisations have clear policies in place to deal with this kind of situation. The police, for example, have prohibited their officers from joining the BNP since 2004 on the basis that membership of the far right organisation would be in direct conflict with the duty the police force has to promote racial equality. Merseyside Police has even launched an investigation into the possibility that one of their serving officers is a member of the party.

Many other areas of the public sector, such as the Prison Service, have similar bans in place. Although there is no clear prohibition for teachers, nurses or doctors being members of the BNP, the organisation’s apparently racist policies – such as its whites-only membership clause – is likely to be viewed as an undesirable influence on employees who deliver front-line public services.

Employers in the private sector, however, may find themselves in a difficult position if they discover that one of their employees is a member of the BNP or a similarly controversial organisation, largely due to the implications of a 2007 change to the Religion and Belief Regulations.

Before April 2007, the definition of religious discrimination made it unlawful to discriminate against an employee based on “any religious belief or similar philosophical belief”. The word “similar” was removed from the wording in the change, which means that employees who are dismissed for being members of the BNP may be able to claim that the protection offered by the legislation now extends to the views of the British National Party.

If you find yourself facing issues at work related to unfair dismissal or any other employment law matter, seeking qualified legal advice is always an essential first step. Ashby Cohen are employment law specialists with many years of experience in advising and representing both employers and employees in all areas of UK employment law.

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