EAT Overturns Decision on Expelled ASLEF Member

03 August 2005

On Tuesday 24th February 2004, the Employment Appeals Tribunal threw out the decision of the Industrial Tribunal that ruled that ASLEF acted unlawfully when it expelled Jay Lee, a member, for racist conduct.


Jay Lee, a train driver in Kent, was expelled from ASLEF - the train drivers union - following his activities on behalf of the British National Party. Mr Lee stood in the local elections as a candidate on behalf of the BNP and undertook activities in the promotion of those beliefs.


The EAT has ruled that the original hearing was wrong in that it failed to correctly address the point of law and in that it failed to correctly assess the evidence heard. A new Employment Tribunal will be held and will need to consider the guidance issued today.


Shaun Brady, ASLEF General Secretary welcomed the ruling:


“This ruling vindicates ASLEFs actions. We have no place in our union for racist views and we will seek to expel members who promulgate these unrepresentative attitudes. Train drivers work in a multi-racial environment and as their union we wish to reflect the community that we serve.

Going forward, our legal advice considers we will have a very strong case. We will vigorously pursue this matter at the next tribunal. The right of all our members not to be exposed to racist and extreme attitudes is a right we will fight for."

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