Kristie Higgs, a former pastoral administrator at Farmor's School in Fairford, Gloucestershire, has won her appeal against dismissal in a landmark ruling by the Court of Appeal. Dismissed in 2019 for gross misconduct, Higgs faced allegations that her social media posts could damage the school's reputation. These posts, shared under her maiden name to approximately 100 friends, criticized LGBT+ teaching at her son's Church of England primary school, not at Farmor's School.
The posts, made in October 2018, contained language suggesting that children were being "brainwashed" and that there was a movement to "suppress Christianity and remove it from the public arena." The Court of Appeal found that the language used and the potential for reputational damage did not justify her dismissal. The judges determined that Mrs. Higgs' beliefs about gender and marriage are protected by the Equality Act.
"Christians have the right to express their beliefs on social media and at other non-work-related settings without fear of being punished by their employer." – Mrs Higgs
The case reached the Court of Appeal after a 2023 employment appeal tribunal ruled in Higgs' favor but sent the case back to another tribunal. Her lawyers argued that this action was unnecessary. The Court of Appeal agreed, deeming the decision to remit the case as "unlawfully discriminatory."
"I pray that today will prove to be a landmark day for Christian freedoms and free speech." – Mrs Higgs
The school's legal representatives maintained that remitting the case was appropriate. They argued that Mrs. Higgs' dismissal was not due to her beliefs but because the manner in which they were expressed could reasonably be perceived as homophobic or transphobic.
"the appropriate course", adding Mrs Higgs "was not dismissed for manifesting (her beliefs) but because the manner in which it was manifested could reasonably have caused and did cause others to think she was expressing homophobic or transphobic views" – Sean Jones KC
Lord Justice Underhill noted that Mrs. Higgs' posts mainly quoted other sources, voicing objections to government policies on sex education for promoting "gender fluidity" and equating same-sex marriage with traditional marriage.
"mostly quoted from other sources, objecting to government policy on sex education in primary schools because of its promotion of 'gender fluidity' and its equation of same-sex marriage with marriage between a man and a woman" – Lord Justice Underhill
