Higgs v Farmor's School [2025] EWCA Civ 109 (12 February 2025)

Higgs v Farmor's School [2025] EWCA Civ 109 (12 February 2025)

The Court held that while the claimant's beliefs were protected under the Equality Act 2010 and Articles 9 and 10 ECHR, the disciplinary action and dismissal were not because of her beliefs per se but due to the inflammatory and extreme language used in her social media posts, which the employer reasonably...

Source-derived case information.

Citation
[2025] EWCA Civ 109
Parties
Claimant/appellant: Kristie Higgs; Respondent: Farmor's School; Intervener: The Archbishops' Council of the Church of England; Intervener: The Free Speech Union Ltd; Intervener: The Association of Christian Teachers; Intervener: Sex Matters; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
12 February 2025
Procedural Posture
Employment Discrimination Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Direct Discrimination, Harassment, Religion or Belief Discrimination, Freedom of Expression, Freedom of Religion, Dismissal, Manifestation of Belief, Proportionality, Separability Principle
Employment Law Equality Law Human Rights Law Direct Discrimination Harassment Religion or Belief Discrimination Freedom of Expression Freedom of Religion +4 more

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Summary, issues, holding and outcome

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Parties

Kristie Higgs

Claimant/appellant

Farmor's School

Respondent

The Archbishops' Council of the Church of England

Intervener

The Free Speech Union Ltd

Intervener

The Association of Christian Teachers

Intervener

Sex Matters

Intervener

The Equality and Human Rights Commission

Intervener

Procedural Posture

Employment Discrimination Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the claimant was directly discriminated against or harassed on grounds of religion or belief under the Equality Act 2010
  2. 2 Whether the dismissal and disciplinary process were justified interferences with the claimant's rights under Articles 9 and 10 ECHR
  3. 3 How the separability principle applies to manifestation of belief in employment context

Ratio Decidendi

The Court held that while the claimant's beliefs were protected under the Equality Act 2010 and Articles 9 and 10 ECHR, the disciplinary action and dismissal were not because of her beliefs per se but due to the inflammatory and extreme language used in her social media posts, which the employer reasonably considered potentially damaging to its reputation and inconsistent with professional standards. The interference with her rights was found to be justified and proportionate in the employment context, applying the separability principle and proportionality analysis. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed and the Employment Appeal Tribunal's order to remit the claim to the Employment Tribunal stands.