Employers cannot dismiss staff who express religious beliefs risking unlawful discrimination
In a significant legal victory, Kristie Higgs, a Christian school worker who was dismissed for sharing social media posts about LGBTQIA+ relationships in schools, has won her Court of Appeal battle.
Higgs worked as a pastoral administrator and work experience manager at Farmor’s School in Fairford, Gloucestershire but was later dismissed in 2019.
The Employment Tribunal initially upheld her dismissal in 2020, but the Court of Appeal have now ordered a fresh tribunal.
Background and Legal Proceedings
The dispute began when Higgs shared posts with about 100 friends on Facebook criticising LGBTQIA+ relationship education at her son’s Church of England primary school, referring to “brainwashing” children and “suppressing Christianity.”
After an anonymous complaint, Higgs was suspended and subsequently dismissed following a disciplinary hearing.
Higgs, who was supported by the Christian Legal Centre, filed a direct discrimination on the grounds of religion/harassment claim against the school, arguing that her dismissal was due to her Christian beliefs and the expression of those beliefs in her own time.
The school, however, argued that her dismissal was based on the language used in her posts, not her religious views.
The Employment Tribunal in 2020 recognised Higgs’ religion as a “protected characteristic” under the Equality Act but deemed the dismissal lawful.
However, on Wednesday, the Court of Appeal ruled in Higgs’ favour describing the decision to dismiss her for gross misconduct as “unlawfully discriminatory” and “unquestionably a disproportionate response”.
The judge has now called for a future hearing to determine whether the school’s decision was due to the manifestation of Higgs’ protected beliefs or a justified objection to the manner of that manifestation.
Judicial Commentary on Free Speech
Justice Eady emphasised the importance of the freedom to manifest and express beliefs in any democracy, while also noting that these rights have limits, particularly when they infringe on the rights and freedoms of others.
It was noted that Higgs’ posts, mostly quoted from other sources, objected to government policy on sex education in primary schools. The court found that the language of the posts and the risk of reputational damage were insufficient grounds for her dismissal, especially as she had not said or displayed any discriminatory attitudes in her treatment of pupils.
The dismissal of an employee merely because they have expressed a religious or other protected belief to which the employer, or a third party with who it wishes to protect its reputation, objects will constitute unlawful direct discrimination within the meaning of the Equality Act.
Conclusion
This ruling underscores the complexities surrounding free speech and employment. Careful consideration of both individual rights and organisational reputations must be given.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
