Reform Politician Sidelined
PAUL McLAUGHLIN
The former Hastings Borough Councillor, Lucian Fernando, claims he has been sacked by Southeastern railway because of his political views. Mr Fernando, who represented the Silverhill ward for Reform UK until his defeat in May’s local elections said the action taken by the train operator amounted to a “political dismissal”.
He was employed by Southeastern railway in 2021 as an agency worker and taken on full-time in March 2024. Mr Fernando was a platform staff member working at Tunbridge Wells station. He told HIP he was given no warning of his dismissal but that a complaint was made against him arising from his political views. He was informed on 15 November that his employment was to be terminated. He insists that the train company was “fully aware” that he was politically active, and that he has “always been open and transparent about his political life.”
Since he lost his Silverhill seat in May and came third as a Hastings and Rye candidate in July’s General Election with 16% of the vote, he has continued to act as a local spokesperson for Reform UK. Mr Fernando said he was “stunned” by the news and that he had not been told his job was at risk nor had he been given any written warning about any alleged misconduct. He said it seemed his “political opinions, expressed in a private capacity and not linked to his role at Southeastern, had been used as grounds for dismissal.”
With a Churchillian flourish he said, “Freedom of speech and opinion is the right of everyone in a democratic country and the termination of my employment under these circumstances is deeply troubling and raises serious concerns about how these rights are being undermined for everyone.”
A Southeastern Railway spokesperson gave a more Attlean response saying, “this individual was on probation and their employment was ended in accordance with our processes. As part of this they were given the opportunity to respond to the concerns raised about their conduct with colleagues, time-keeping, multiple absences and other reported actions.”
Wrigleys solicitors who specialise in employment cases say employees can bring an unfair dismissal claim without having two years’ continuous employment if the principal reason for the dismissal is, or relates to, the employee’s political opinions or affiliation. A spokesperson said, “Dismissal because of or relating to political opinion or affiliation will not be automatically unfair – unlike, for example, health and safety or whistleblowing related dismissals.” She said a tribunal will consider whether the dismissal was fair in all the circumstances, including the process followed by the employer. However, where an employee has been dismissed in breach of Article 11 of the European Convention on Human Rights specifying the right to freedom of association and the right to join political parties, it is likely that the dismissal will be found to be unfair.
Mr Fernando’s initial anger has been replaced by a steely determination to fight for his job. He has engaged an employment lawyer to take his case to ACAS, the arbitration service, to try and resolve the problem without having to go to an employment tribunal. He has also written to Helena Dollimore, the Labour MP for Hastings and Rye, Sally-Ann Hart, the former Conservative MP, and to local councillors and trades union officials seeking their support.
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Forgive me for not weeping for Lucian, tolerance of the intolerant (reform UK are definitely in the intolerant area of the spectrum, see 90% of their policies) only leads to degradation of tolerance. Not to mention, someone with views like Lucian and the party he represents should not be employed by an extension of the government.
When he was “was employed by Southeastern railway in 2021 as an agency worker” I had the displeasure of working with this man. He was horrible and sexist, and reading this now and discovering he was taken on full time just makes me feel sorry for my ex-colleagues who had to put up with him for even longer. Good riddance. Surely a man of such high standing won’t struggle to find work elsewhere?! 👋
What a bizarre case. The Southern diversity and inclusion website states: “Our ambition is to create an inclusive culture where customers and colleagues feel able to be themselves and feel they belong to, and can add value to, their local communities.” Respecting different political opinions, especially when expressed out of work hours, must surely be part of this. Standing in elections really fits this brief!! It would be interesting to see the warning letter Southern wrote if there was one. ACAS guidance is generally pretty clear in my experience.
Not bizzare at all, well known for his opinions on women and minorities.
Frankly, how he was employed in a customer facing role should be investigated.
What does Southern and what’s stated on their website have to do with this article?
He has history, very questionable CV, several drink-drive convictions, sacked from the tory party and now this ! Could do the Reform party more harm than good.