Higgs v Farmor's School - Landmark case on religious expression in the workplace

The Court of Appeal handed down its judgment in the case of Kristie Higgs v Farmor’s School.

Background

Mrs Higgs was employed as a pastoral administrator and work experience manager at Farmor’s School. Mrs Higgs was dismissed after a parent wrote to the Headteacher complaining about particular Facebook posts. Mrs Higgs had reposted posts on her personal Facebook page which criticised the way same-sex relationships, same-sex marriage and gender were taught in schools. The school commissioned an investigation, and Mrs Higgs was suspended and later dismissed for gross misconduct on the grounds that her re-posts constituted harassment on the grounds of sexual orientation and/or gender reassignment, inappropriate use of social media that could damage the school’s reputation, and breach of the school’s code of conduct.

Mrs Higgs issued a claim in the Employment Tribunal for direct discrimination and harassment based on her religious beliefs.

Employment Tribunal’s Decision

The Tribunal dismissed Mrs Higg’s claims. Although they agreed that Mrs Higg’s beliefs (including the lack of belief that gender can be fluid) were protected by the Equality Act 2010, it found that her dismissal was because of the homophobic and transphobic nature of the posts, which could cause reputational damage to the school. The Tribunal’s Judgment also made reference to Mrs Higg’s limited privacy settings on Facebook, suggesting that her re-posts were accessible to a wide audience.

Employment Appeal Tribunal

Mrs Higgs appealed the decision in the Employment Tribunal. The Employment Appeal Tribunal upheld the appeal, finding that the Employment Tribunal failed to consider whether Mrs Higg’s Facebook re-posts had been an expression of her protected beliefs and whether the school’s actions were justified. The Employment Appeal Tribunal remitted the case back to the Employment Tribunal. Both parties appealed this decision to the Court of Appeal.

Court of Appeal

The Judgment was released by the Court of Appeal on Wednesday 12 February 2025. The Court of Appeal found that the decision from the school to dismiss Mrs Higgs constituted unlawful discrimination on the ground of religion or belief.

Notably, the Court of Appeal concluded that:

1. the language used in the re-posts were not grossly offensive;
2. the re-posts were not the Claimant’s own language;
3. there was no evidence that the reputation of the school had thus far been damaged; and
4. neither the panel nor the Employment Tribunal believed that the Claimant would let her views influence her work.

It was therefore deemed that Mrs Higgs’ dismissal was not justified and constituted unlawful discrimination.

Key takeaways for employers

This case highlights the importance for employers to give careful consideration to the reasons for disciplining or dismissing an employee, where that employee may have a religious or philosophical belief, whilst also continuing to take appropriate steps to prevent discrimination and harassment in the workplace.

It is advisable for employers to have policies which outline what behaviour is and is not acceptable. This should establish clear rules which in turn will hopefully minimise any issues with employees who have conflicting beliefs.

If an issue arises, this case demonstrates that employers should consider objectively whether the employee has behaved improperly, and the subsequent disciplinary action must be proportionate.

To discuss any of the issues raised in this article, please contact the Michelmores Employment team.

Author

James Millet