Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

This analysis looks at the second case in the recent Court of Appeal saga of Mr Richard Page. An analysis of the first case which the Court looked at can be found here. That case involved Mr Page’s dismissal from the magistracy; this case involves his dismissal as a Non-Executive Director from Kent and Medway NHS and Social Care Partnership Trust (“the Trust”).

Factual background

Mr Page was removed as a magistrate after appearing on BBC Breakfast, in an interview including his belief that same-sex couples adopting could never be in the best interests of the child. This interview was not known to the Trust, but Mr Page’s other media statements in newspapers resulted in a complaint to the Trust from the Chair of its LGBT Staff Network.

The Trust learned about Mr Page’s removal as a magistrate and arranged a meeting with him. In the meantime, and without any prior warning to the Trust, Mr Page appeared on Good Morning Britain, giving an interview about his removal from the magistracy. In that interview, Mr Page stated that he did not agree with same-sex marriage, nor did he ever think that same-sex adoption could be the best for a child.

Dismissal by the Trust

The Trust initially suspended Mr Page, and then wrote to him to advise him that his appointment as a Non-Executive Director would not be in the interests of the Trust. Mr Page brought four claims to the Employment Tribunal (of which three remained live). These were:

  1. Direct discrimination;
  2. Indirect discrimination; and
  3. Victimisation.

Direct discrimination

To show direct discrimination, a Claimant must show that, because of a protected characteristic, the Claimant has been treated less favourably than their employer would treat others. Mr Page alleged that, as a result of his Christian beliefs, he was treated less favourably than someone who didn’t hold those beliefs would have been treated.

The Tribunal, however, found that the Trust’s actions had not been as a result of Mr Page’s beliefs, but because he accepted invitations to appear in the media interviews, without telling the Trust first when he had been expressly told to inform them, and his expression in those interviews of his views about homosexuality. The Court of Appeal agreed with the Tribunal and dismissed this ground of appeal.

Indirect discrimination

To show indirect discrimination, a Claimant must show that a provision, criterion or practice (PCP), which is discriminatory in relation to a relevant protected characteristic of the Claimant’s, has been applied to them.

Mr Page claimed that the Trust, in its appointments and retention of Non-Executive Directors:

  1. Considered expressing a critical view of same-sex adoptions as having a negative impact on the trust;
  2. Gave a high priority to securing the approval of the ‘so-called LGBT community; and
  3. Gave greater weight to the views of the LGBT community than to the views of Christians.

The Tribunal concluded, and the Court of Appeal agreed, that the first and third claims did not amount to PCPs, and the second did not disadvantage Christians as a group.


Much as in the magistracy case, the Court of Appeal concluded that he had not been disciplined for protected acts (i.e. alleging discrimination), but that he had, without prior notice to the Trust, given media interviews in which he expressed views about same-sex adoption and homosexuality more generally which were liable to impact on the Trust’s ability to engage with gay service-users.

The appeal was dismissed.

Link to judgment: https://www.bailii.org/ew/cases/EWCA/Civ/2021/255.html

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry


    4.80 Average

    320 Reviews


    Efficient and quick service!

    Posted 1 hour ago

    Karen B

    Quick response very helpful Issue raised dealt with very quickly

    Posted 3 days ago

    Carmen T

    Redmans give Great service and advice on reading contracts. They can explain all the solicitors jargon into words that you can understand. I received excellent service an I will use them again and again.

    Posted 5 days ago


    Very grateful for Mel’s efforts in handling my case from start to finish which I would have found very stressful without it. She was very professional, friendly and we had a positive outcome. Highly recommend.

    Posted 3 weeks ago

    Nalin W

    Mel Chin was my Legal Executive when I engaged the services of Redmans Solicitors to help with a redundancy matter. She was incredibly approachable and professional from start to finish. Specially I have to mention regarding prompt reply to all my email queries, It was super quick. I would thoroughly recommend Mel Chin. Many Thanks

    Posted 1 month ago


    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 1 month ago


    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 1 month ago


    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 1 month ago


    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 1 month ago


    Very quick and professional service , Rana was very helpful

    Posted 1 month ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 1 month ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 2 months ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 months ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 months ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 2 months ago


    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 2 months ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 2 months ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 2 months ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 2 months ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 2 months ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 2 months ago