Assignment task: We have been instructed by Timothy Evans who was employed by the Great Western Bus Company. Mr Evans commenced employment on 15 December 2020 and was dismissed on 4 November 2022. He was employed as a bus driver.
The Great Western Bus Company has a contract with Richmead County Council to transport disabled adults and children within Richmead. Most of the disabled adults and children belong to an ethnic minority. Mr Evans had an exemplary record at work and was described as a model employee by his manager, who was of Caribbean origin (black).
During Mr Evans' employment, the Great Western Bus Company came across a website article which identified Mr Evans as a candidate for the Only White National Party (OWNP) in the forthcoming local government elections. Only white people can become members of this party. Further, the motto of this party is not to integrate with any non-white people.
On 1 September 2022, Mr Evans won the election and was elected as a local councillor for the OWNP. Following this, Mr Evans was dismissed by the Great Western Bus Company on 4 November 2022. The grounds for dismissal were:
- the health and safety of the Great Western Bus Company employees' and passengers was at risk because it might lead to hate violence between groups;
- there would be risk of anxiety to passengers and carers because their bus would be driven by Mr Evans; and
- Richmead County Council could withdraw its contract with the Great Western Bus Company as a result of the company employing a member of the OWNP.
Mr Evans believes he has been unfairly dismissed on the grounds of his political affiliation with the OWNP and wants to bring a claim. However, he has only been employed for a short time.
Question: Is there any legislation or case law that would support an argument that the two year qualifying service for unfair dismissal claims should be waived in the circumstances of this particular case?