Jay Lee

Jay Lee is a British National Party (BNP) member, who fought a legal battle after being expelled from a trade union.

Lee, a driver for Virgin Trains, stood as a BNP candidate in the 2002 local elections in Bexley and was subsequently expelled from the train drivers' union ASLEF for BNP membership.cite web | title = BNP member sues over being called racist | author = Kevin Maguire | url = http://society.guardian.co.uk/localgovt/story/0,,1155473,00.html | publisher = "The Guardian" | date = 25 February, 2004 | accessdate = 2007-02-27] In May 2003, an Employment Tribunal ruled that Lee had been wrongly expelled from the union, finding ASLEF had breached section 174 of the Trade Union and Labour Relations (Consolidation) Act. [cite web | title = Union fights tribunal over BNP expulsion | author = Kevin Maguire | url = http://www.guardian.co.uk/guardianpolitics/story/0,,967571,00.html | publisher = "The Guardian" | date = 31 May, 2003 | accessdate = 2007-02-27]

On 24 January, 2004, the decision was overturned by an Employment Appeal Tribunal, which referred the case back to a new tribunal. On 7 October, 2004, the new tribunal ruled in Lee's favour, awarding him at least £5,000. [cite web | title = BNP activist wins compensation for union expulsion | author = David Ward | url = http://www.guardian.co.uk/farright/story/0,,1322639,00.html | publisher = "The Guardian" | date = 8 October, [2004 | accessdate = 2007-02-27] Lee also sued for libel after he was described as a racist, seeking aggravated damages from two senior trade unionists and two journalists. In January 2006, ASLEF paid £30,000 in an out-of-court settlement to cover Lee's legal costs in the libel case, but Lee did not receive any personal damages. [cite web | title = Union pays £30,000 in BNP libel case | author = David Hencke | url = http://www.guardian.co.uk/farright/story/0,,1684437,00.html | publisher = "The Guardian" | date = 12 January, 2006 | accessdate = 2007-02-27]

ASLEF subsequently took the UK Government to the European Court of Human Rights, claiming that UK law was in breach of Article 11 (freedom of assembly and association) of the European Convention on Human Rights. On 27 February, 2007, the Court unanimously upheld ASLEF's claim that there had been a violation of the Convention and that ASLEF was entitled to expel Lee from the union. [cite web | title = Union wins BNP expulsion ruling | author = | url = http://news.bbc.co.uk/1/hi/england/london/6402533.stm | publisher = "BBC News" | date = 27 February, 2007 | accessdate = 2007-02-27] [cite web | title = CASE OF ASSOCIATED SOCIETY OF LOCOMOTIVE ENGINEERS & FIREMEN (ASLEF) v. THE UNITED KINGDOM | author = European Court of Human Rights | url = http://cmiskp.echr.coe.int/tkp197/view.asp?item=3&portal=hbkm&action=html&highlight=&sessionid=11525401&skin=hudoc-en | publisher = ECHR | date = 27 February, 2007 | accessdate = 2007-02-28]

Lee was represented at the Employment Tribunal by Lee Barnes (the BNP "legal officer") and in the libel case by Adrian Davies. [lancasteruaf.blogspot.com/2007/09/barmy-barness-blog-backfires.html - 148k - ]

Elections contested

ee also

*ASLEF v. United Kingdom

References

External links

* [http://cmiskp.echr.coe.int/tkp197/view.asp?item=4&portal=hbkm&action=html&highlight=&sessionid=11525343&skin=hudoc-pr-en European Court of Human Rights press release]
* [http://cmiskp.echr.coe.int/tkp197/view.asp?item=3&portal=hbkm&action=html&highlight=&sessionid=11525401&skin=hudoc-en European Court of Human Rights full judgement]