[1] The Associated Society of Locomotive Engineers and Firemen (ASLEF) is an independent trade union representing mainly train drivers employed on the UK railways.
[2]ASLEF's case was that the union had been prevented from expelling a member due to his membership of the BNP, a political party which advocates views inimical to its own, and that this was an infringement of freedom of association.
Finding in ASLEF's favour, the Court held unanimously that there had been a violation of Article 11 and awarded the union €53,900 for costs and expenses.
Further, where associations are set up by people who share common values, ideals and goals, it would run counter to the very effectiveness of the freedom at stake if they had no control over their membership.
The Court was persuaded that expulsion did not impinge in any significant way on Lee's freedom of expression or political activity, nor would he suffer any detriment: there being no "closed shop", there was no apparent prejudice to him in terms of employment or livelihood.
[3] There had been no suggestion in the Employment Tribunal hearings that ASLEF had erred in concluding that Lee's political values and ideals fundamentally clashed with its own.
The ASLEF General Secretary, Keith Norman, thanked the 18 unions who gave ASLEF financial assistance to allow them to go to the European courts: NUM, CYWU, PFA, UCATT, NATFHE, NAPO, USDAW, EIS, RMT, UNISON, PCS, NUMAST, Community, CWU, CSP, GMB, FBU and NUJ.