What happened in Higgs v Farmor’s School?
In a landmark ruling this week, the Court of Appeal overturned previous decisions and found in favor of Kristie Higgs, a Christian school assistant. Higgs was dismissed by her employer, Farmor’s School, for sharing Facebook posts deemed transphobic and homophobic, leading to a six-year legal battle.
Summary of Events
- Higgs shared Facebook posts on her personal account expressing traditional Christian beliefs about transgenderism, same-sex marriage, and gender fluidity. These posts did not mention her employer.
- Farmor’s School dismissed her, citing the language used in the posts and potential reputational damage to the school, not her religious beliefs.
- Higgs argued her dismissal was discriminatory based on her religious beliefs.
- Initial tribunal and Employment Appeal Tribunal (EAT) rulings were mixed, with the EAT initially ordering a rehearing.
- The Court of Appeal ultimately ruled in Higgs’ favour, finding her dismissal unlawful discrimination.
Implications for Employers
The Court of Appeal’s decision has significant implications for employers:
- Protection of Religious Beliefs: The ruling affirms that the Equality Act protects traditional Christian beliefs on social issues.
- Burden of Proof: Employers now bear the burden of proving that dismissing an employee for expressing their religious beliefs is objectively justified and necessary in a democratic society. Simply believing the dismissal is justified is not enough.
- Proportionality: Dismissal for expressing religious beliefs must be a proportionate response. The court found Higgs’ dismissal “unquestionably disproportionate.”
- Reputational Damage: Fear of potential reputational damage is not sufficient grounds for dismissal. The court stated that any reputational damage in this case was “speculative at best.”
- Personal vs. Professional: The ruling highlights the distinction between personal expressions of belief and professional conduct. Higgs’ posts were on her personal Facebook account and did not reference her employer. The court noted that there was no evidence she had or would discriminate against anyone at work.
- Free Speech and Religious Liberty: The decision is seen as a landmark victory for free speech and religious liberty, setting a precedent that employers cannot automatically discipline employees for expressing their deeply held beliefs outside of work.
In short, employers will need to carefully consider the balance between an employee’s right to express their religious beliefs and the potential impact on the workplace. This ruling makes it more difficult for employers to discipline employees for expressing such beliefs in their personal time, particularly when those expressions do not directly link back to the employer or demonstrably affect the workplace.
Navigating workplace disputes involving religious or personal beliefs can be complex. If such a situation arises with your employees, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.
