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Removal for expressing faith-based objection to same-sex adoption was not discriminatory

Makbool Javaid

In Page v NHS Trust Development Authority, P is a practising Christian. He was a Non-Executive Director of the Trust and a magistrate sitting on family cases involving adoption decisions. P holds the firm faith-based belief that it is “not normal” for a child to be adopted by a single-parent or a same-sex couple. P took part in media interviews about the Magistracy reprimanding him for publicly expressing his views without informing the Trust, who told P that they must be informed before he contacted the media. P was subsequently removed from the Magistracy and then took part in a BBC interview where he said that he could not see how adoption by a same sex-couple could ever be in the best interests of the child. P’s term as a NED was not renewed. An ET dismissed P’s religious belief discrimination claims and the EAT dismissed P’s appeal. P’s removal as an NED was because of the manner in which he had expressed his beliefs, not ‘because of’ the beliefs themselves, plus he had spoken to the media without informing the Trust, knowing this could adversely affect their involvement with the community. 

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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