Employers must not discriminate against workers on the grounds of their religion or religious beliefs. In Page v NHS Trust Development Authority, the Court of Appeal has looked at whether an employee can be fairly dismissed for the way he expressed his beliefs, rather than the beliefs themselves.
Employment solicitor Paul Burton looks at religious discrimination in the workplace, dissecting a case where tension rose between religious beliefs and sexual orientation.
Page v NHS Trust Development Authority
Mr Page was a non-executive director of an NHS Trust. He also sat as a magistrate on a panel to consider the adoption of a child by a same-sex couple. He told his fellow magistrates that children should be brought up by a mother and father and that it was ‘not normal’ for children to be adopted by a single parent or same-sex couple. His colleagues complained and he was disciplined.
Religious discrimination and unfair dismissal
He then spoke to the press, saying his views stemmed from his Christian beliefs. After they heard about the press coverage, the NHS Trust told him to stop talking to the press. Mr Page ignored this instruction and continued to give high profile interviews, including on primetime TV.
He was removed as a magistrate and was suspended by the Trust. His position as a non-executive director was not renewed due to his behaviour. He brought a religious discrimination claim against the Trust.
My colleague Chris Dobbs has written an article about unfair dismissal, gross misconduct and homophobia; which you can read here.
What is the definition of religious discrimination?
The employment tribunal dismissed his claims. He was not dismissed because of his religious beliefs or his expression of it. He was dismissed because he continued speaking to the press despite being asked to stop. The EAT and the Court of Appeal dismissed his appeals.
The Court of Appeal said that the Trust’s actions were not because of Mr Page’s religion or views on homosexuality but because he had expressed those views to the media without permission.
Click here to read the full article.