The EAT has held that a postal delivery driver who was also a BNP activist, is entitled to rely on race discrimination legislation. The driver was found to have been a 'perfectly satisfactory employee' but was dismissed following union representations when the union and his employer found that he had been elected as a local authority councillor representing the BNP.

Previously, the employment tribunal had found that he had not been dismissed on racial grounds as the reason for the dismissal was a fear of violence among other employees given his political beliefs and therefore his claim for direct discrimination under the Race Relations Act 1976 failed.

In quashing the decision of the tribunal and remitting the case to a different tribunal, the EAT reiterated that the phrase 'on racial grounds' must be interpreted widely and included a dismissal where the decision to dismiss was significantly influenced by questions of race.

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