, a British MEP who when re-elected a Vice-President of the European Parliament last July was expelled from the Conservative Party could file a law suit on the grounds of unfair dismissal.
Mr McMillan-Scott (above), broke with party orders and stood last July against Michal Kaminski
, the Polish MEP and leader of the new alliance of which the UK Conservatives are a part of because of, because of his "anti-Semitic, homophobic and racist links
Following his re-election, the party whip was removed, and Mr McMillan-Scott was expelled without apparent notice or reason in September 2009.
A former leader of the Conservative MEPs, Mr McMillan-Scott was the architect of their 1999 link with the EPP Group
which was replaced in July by David Cameron's ECR Group
Mr McMillan-Scott explained that he had written to David Cameron and had made numerous private contacts with senior figures since the Conservative Party Conference to arrive at a positive conclusion. But his correspondence fell on deaf ears.
"I stood against Kaminski [left] because he represented the rise of disguised extremism at a key moment in European politics - the start of a new European Parliament which saw gains by the far right in 13 out of 27 EU countries, including the BNP in Britain
," he writes in a statement on his website
"My lawyers – the best in their field – say the expulsion was unconstitutional, against natural justice and grossly disproportionate. Paul Daniels, a partner in the leading firm of solicitors Russell Jones and Walker, has advised that I have a clear action for breach of contract in the High Court. I am taking further advice, including from Counsel. This is not about me: it is about the values of the next British government.
"There is no shame in losing the whip on a point of principle: to be expelled for the same thing was disproportionate and plainly against natural justice,
" he continued.
The party will now seek to prevent his candidacy in the next European Election, which he says is because he was "merely for making a stand on matters of personal conscience
"This raises very serious ethical, legal and political issues
," he wrote. "As a Conservative Party member for 42 years, an MEP for 25, leader of the MEPs for four and a Conservative Board member for three years, this is no longer the Party I knew
In response, Shadow Foreign Secretary William Hague wrote to Mr McMillan-Scott
setting out the steps he would need to take before the whip was restored. These steps included resigning as the parliament's vice-president, withdrawing the allegations against Kaminski and issuing a heart-felt apology to him.
With no such action on the horizon, Mr McMillan-Scott has stressed he will continue to serve his constituents as an 'Independent Conservative' regardless of his party status, while seeking to rebuild the relationship with the EPP.