Campaign news

Urgent: Keith Henderson Appeal.

20th October 2016

Urgent: Keith Henderson Appeal. 

First, Keith would like to thank everyone who has donated already to this appeal.

Keith Henderson was dismissed from his job as a regional organiser by the General, Municipal and Boilermakers (GMB) trade union for mounting a picket at the House of Commons on 30 November 2011 on behalf of the demand of a decent pension for GMB members. They were low-paid workers demanding their right to a decent pension. They had democratically decided on the action at their branch meeting.

On 2013 am Employment Tribunal judged that Keith had suffered unlawful direct discrimination by his employer, the GMB trade union, on the basis of his left wing democratic socialist beliefs. The GMB has successfully appealed against this decision, right up to the Court of Appeal
The Court of Appeal handed down a judgement last week making an order for Keith to pay the Respondent (GMB Union) the sum of £12,000 within 21 days. This means the deadline is 1st November 2016.
Keith is a low paid worker on a zero hour contract and is worried that this will put him and his family at risk of losing their home.

The GMB has made it clear that they will enforce the order that was made for Keith to pay them £12,000.
This is now an urgent appeal, therefore, we are writing to you again to ask you if you could help Keith by making a donation to his appeal and/or asking your Labour Party or trade union branch to contribute to this appeal.
It is important that we stand by someone who has stood by our movement in solidarity. John McDonnell fully supports this appeal
Thank you for your assistance.

The Labour Representation Committee

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Why did he lose? Keith adds

The main reason the appeal was dismissed is because the original Judgment of the Watford Employment Tribunal is so poorly written and some the findings of discriminatory treatment are contradictory findings of fact. Therefore, the Court of Appeal upheld the Judgment of the Employment Appeal Tribunal (EAT).

The Court of Appeal was of the opinion that the EAT Judge could make a substitute finding of fact without hearing any further evidence or referring the case back to the Watford Employment Tribunal to seek clarification on their Judgment.

My lawyer’s still believe this is wrong and the case should be referred back to the original Employment Tribunal Panel for clarification, but, it will cost too much money to pursue the case any further.

Socialism is still a protected characteristic under the Equality Act 2010. This is a permanent gain for the labour movement from the hearing

Keith will down in the history books as the person who made the law to show discrimination against someone on grounds of left wing socialist beliefs is unlawful, that itself is a very important thing to have done and we achieve it. At paragraph 62 of the EAT judgment which still stands states

” At paragraph 48 it concluded that he is a ‘left-wing democratic socialist’ and held the beliefs identified. Moreover it found that “there were clear outward signs of those beliefs being manifested… particularly clear from the picketing incident…” The Tribunal concluded that left-wing democratic socialism is a protected belief for the purposes of the Equality Act 2010 and this conclusion is not challenged on this appeal.”

We now have socialism set as a protected characteristic under the Equality Act 2010 by the Employment Tribunal, Employment Appeal Tribunal and now the Court of Appeal at the Royal Courts of Justice.