Was a tribunal entitled to find that a Claimant was not subjected to religious discrimination on the basis that he was dismissed because of the manner in which he had expressed his beliefs, rather than because of the beliefs themselves?
Yes, held the EAT in Page v NHS Trust Development Authority.
The Claimant was dismissed following a televised interview, in which he expressed the view that, because of his Christian beliefs, adoption by a same sex-couple could not be in the best interests of a child. The reason for the Claimant's treatment was found to include the fact that he had spoken to the media without informing the Trust and knowing that his conduct would be likely to have an adverse effect on the Trust's ability to engage with sections of the community it served. This was a finding of fact which could not be said to be perverse.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.