DRG -Political discrimination is quite a complex area of law that I used to deal with in a previous life.
At the moment you need to look at two areas of law. The concise answer is that you are correct and that the building company's -merited- selection method is probably unfair dismissal and/or discriminatory. Depending on which claim it is the builders may have to meet qualifying criteria about employment status though.
Anyone dismissed for a Remain or Leave belief is likely to be protected, although it hasn't been tested yet. Once we crash out deal-less, I think we will see all discrimination protections being eroded. (Ironically, one of the main political groups to have benefited from political protections is the BNP who even asked for the ECHR's help to extend protection.)
The position is this...
Employees who are dismissed for political views are expressly protected under the unfair dismissal provisions of the Enterprise and Regulatory Reform Act 2013 and they are protected to a certain extent by the Equality Act 2010 as well.
- If the builders had employee status and could prove they were dismissed for their political views they could claim unfair dismissal regardless of how long they'd been there. (The Tory's extension of the two-year qualifying period for unfair dismissal claims does not apply where the reason or principal reason for dismissal relates to the employee's political opinions or affiliation. )
2.With the discrimination element of the claim, under the Equality Act 2010 it was first thought that political beliefs were not protected.
However, as a result of decided cases political views may be treated as philosophical beliefs in some cases:
- A belief in the BNP did not count as a philosophical belief in an early case.
-Then in 2010 it was confirmed that a belief in a political philosophy or doctrine such as socialism, Marxism or free-market capitalism might qualify for protection (Grainger v Nicholson ).
-Then in 2012 in Redfearn v The United Kingdom a dismissed driver who was a BNP councillor won an ECHR case (ironic huh) which led to the change in the law making it easier to claim unfair dismissal based on political affiliations.
-In 2013 in Olivier v Department of Work and Pensions a Labour Party supporter showed an employee's belief in democratic socialism could be protected.
-In 2015 General Municipal and Boilermakers Union v Keith Henderson a GMB regional organiser showed that a left-wing belief in democratic socialism was capable of being protected as a philosophical belief but there was a lack of evidence in that case that it was his beliefs that caused any discriminatory treatment.
-In 2016 Harron v Chief Constable of Dorset Police a 'belief in the proper and efficient use of public money in the public sector' was potentially protected as a 'philosophical belief' too.
So until we get the inevitable bonfire of workers', environmental and food protections, anyone dismissed for a Remain or Leave belief is likely to be protected.Its not really like looking at affiliation, part affiliation or membership of a political party its more about if the belief is genuinely held and is cogent, serious,cohesive and worthy of respect in a democratic society (which of course is subjective and arguable).
Incidentally I needed a new plumber last year and I deliberately chose one who I was told had a Dutch wife as I thought was less likely to be a Brexiteer.