“…The principle of separability recognised in Martin (in a victimisation context), was expressly approved by this court in Page v Lord Chancellor [2021] EWCA Civ 254, [2021] ICR 912 (“Page”). In Page Underhill LJ confirmed as correct the principle recognised in Martin at [22], and in the analogous trade union activities cas…”
“…The terminology is not ideal because of the risk of confusion between ―motivation‖ and ―motive‖: see paras. 69-70 of my judgment in Page v Lord Chancellor [2021] EWCA Civ 254, [2021] IRLR 377. But no-one has yet come up with a better label.…”