Employment Cases Update

Page v NHS Trust Development Authority [2021] EWCA Civ 255

Date published: 01/03/2021

Appeal against the dismissal by the ET, and upheld by the EAT, that the termination of the Appellants appointment as Non Executive Director of the Kent and Medway NHS and Social Care Partnership Trust and the suspension and investigation which led to it, constituted unlawful discrimination and harassment by reference to his religion or belief, and also victimisation, contrary to Part 5 of the Equality Act 2010. Appeal dismissed.

The Appellant's claim arises out of disciplinary action taken against him as a Non Executive Director of the Kent and Medway NHS and Social Care Partnership Trust ("the Trust"), which is responsible for the delivery of mental health services in Kent. The action followed media interviews, including two on national television, in which he expressed views, rooted in his Christian faith, about adoption by same-sex couples. The ET dismissed his claim of unlawful discrimination and harassment, a decision which was upheld by the EAT. The Appellant appealed to the Court of Appeal.

The Court of Appeal dismissed the appeal on all grounds. The court ruled that the Tribunal was entitled to find that the Authority did not infringe the Appellant's Convention rights, there was no error of law in the Tribunal's decision on direct discrimination and the indirect and victimisation grounds were also dismissed.

Read the full text of the judgment on the Judiciary website or download the file by clicking the link below.