Guidance to Employer’s Following the Recent Higgs v Farmor’s School Court of Appeal Ruling

Guidance to Employer’s Following the Recent Higgs v Farmor’s School Court of Appeal Ruling

The recent Court of Appeal ruling in the case of Kristie Higgs highlights the complexities employers face when dealing with employees expressing religious or philosophical beliefs.

Key Takeaways from the Higgs Case

Religious and philosophical beliefs are protected under the Equality Act 2010. Higgs shows that employees have the right to express their beliefs and any disciplinary action from an employer must be proportionate and justified. You can read the full article on the ruling here.

Nevertheless, the right for employees to express their beliefs does have limits, especially when it infringes on others’ rights.

We set out the below guidance for your organisation on what to do, what to avoid, and when to take action in situations like this.

What to Do

1. It is crucial that your workplace has clear policies on social media use, discrimination, and harassment. These policies should outline expected and acceptable behaviour, particularly if the employee is likely to be identified as someone connected to the organisation, and the consequences of breaching such policies.
2. You should provide regular training to employees and managers on diversity, inclusion, and the importance of respecting different beliefs.
3. When an issue arises, assess the context of the expression. Consider whether the expression was in a personal capacity and if it directly impacts the workplace.
4. Before taking any disciplinary action, seek legal advice to ensure that your actions are justified and proportionate.

What to Avoid

1. Avoid making hasty decisions based on complaints without a thorough investigation. Remember that where there is no evidence of an impact on the employee’s work, and the risk of reputational damage is speculative, dismissal is unlikely to be deemed proportionate.
2. Do not assume that an employee’s expression of beliefs have or will automatically lead to workplace tension and issues. Remember, there is no right to not be offended.
3. Avoid disproportionate disciplinary actions that could be seen as discriminatory. Remember that employees are entitled to hold and express views on controversial matters of public interest even when those views shock or disturb others or don’t align with your organisation’s EDI values.

When to Take Action

1. You may be able to take action if an employee’s expression of beliefs clearly breaches your workplace policies.
2. If the expression of beliefs creates a hostile or discriminatory work environment, it may be necessary to intervene.
3. If there is a genuine and significant risk to your organisation’s reputation, consider appropriate action, but again, ensure it is proportionate. Remember that the threshold for speech being objectionable is high.

Conclusion

Balancing the rights of employees to express their beliefs with the need to maintain a respectful and inclusive workplace is challenging. These cases are very fact-specific and action that may be appropriate and proportionate in one case may not be in another.  Your organisation must carefully consider each situation and should seek legal advice when necessary.

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.