In a heart rending story, left-leaning blog the Skwawkbox reported how Labour have shamefully expelled a 70 year old member with a confirmed diagnosis of bi-polar disorder for a single tweet during a manic episode. A barrister, Duncan Shipley-Dalton has confirmed that this is likely unlawful under the EA 2010 and I agree. As it happens I have a knowledge of political party disciplinary case law and consider that there is also likely a claim in contract law. In this article, I have been sufficiently moved to expand on the barrister’s opinion and offer to help for free.
Firstly, I agree with the barrister that the conduct is indirect discrimination and in any event as he says the current rule book confers no such power. However, I would add that if it did, it would likely fall foul of –
Where expulsions from political parties are litigated, there is also case law requiring clubs and other such organisations to follow their own rules, for example, Lee v Showmen’s Guild of Great Britain [1952] 2 QB 329. I also observe that it is particularly disturbing if Labour are using a bot on either Twitter or Facebook to expel people.