Protected belief

Back in December 2020, we reported on the case of Higgs v Farmor’s School, a case where a Christian school administrator, who made negative comments on Facebook about same sex relationships and gender fluidity, had been dismissed for gross misconduct.

Mrs Higgs brought claims against the school for direct discrimination on the grounds of religion and belief – both a lack of belief that someone could change their biological sex, and a belief that marriage is an institution between a man and a woman.

The employment tribunal (ET) found her beliefs were protected but she was not dismissed because of her protected beliefs, but because the language of the Facebook posts created a reasonable concern that she would be perceived as holding other beliefs, such as homophobic and transphobic beliefs, which could affect the school’s reputation. Her claims were therefore dismissed.

Mrs Higgs appealed to the employment appeal tribunal (EAT) and the claim was remitted back the ET for reconsideration.

Mrs Higgs appealed to the Court of Appeal on the basis that the EAT should have itself held that her claim succeeded. The Court of Appeal found in her favour and that the dismissal was not objectively justified and discriminatory.

The Supreme Court has refused the school’s appeal.

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