England and Wales Case Law

Kristie Higgs v Farmor's School

The dismissal of the claimant for her social media posts was not objectively justified. While the language of the posts was intemperate and potentially offensive, it was not grossly so, and there was no evidence of actual reputational harm or risk of discriminatory conduct at work. Dismissal was a disproportionate response and constituted unlawful direct discrimination on the ground of religion or belief under the Equality Act 2010. The employer’s justification based on reputational harm failed the proportionality test required by Article 9(2) and Article 10(2) ECHR.

Source excerpt

• Direct discrimination
• Harassment
• Religion or belief discrimination
• Freedom of expression
• Freedom of religion
• Manifestation of belief

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B Dybowski v The Bishop of Llandaff Church In Wales High School & Anor

The claimant's claims of harassment and direct discrimination are not well founded. The Tribunal found the respondents' actions were not because of the claimant's protected beliefs but due to the manner in which he manifested those beliefs, which was objectionable and justified restriction in the school context. The claimant's conduct breached professional and contractual standards, and the respondents' responses were proportionate and necessary to protect the rights and welfare of pupils and staff.

Source excerpt

• Harassment
• Direct discrimination
• Protected beliefs
• Manifestation of belief
• Freedom of expression
• Social media conduct

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Husain v Solicitors Regulation Authority

Husain v Solicitors Regulation Authority [2025] EWHC 1170 (Admin) (14 May 2025)

Appeal dismissed against the Solicitors Disciplinary Tribunal’s decision to strike off a solicitor for repeated antisemitic and offensive tweets and abusive emails.

• Solicitors regulation
• Freedom of expression
• Antisemitism
• Equality act 2010
• Sanctions in professional misconduct
• Social media conduct

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Gary Mond v The Charity Commission for England and Wales

Mr. Mond's limited and spontaneous social media conduct, though capable of causing concern, was not sufficient to establish unfitness to be a charity trustee or to justify a disqualification order as proportionate or desirable in the public interest. The order constituted an unjustified interference with his Article 10 rights.

Source excerpt

• Disqualification of trustees
• Freedom of expression
• Proportionality
• Public trust and confidence
• Social media conduct

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Mohammad Adil v General Medical Council

The High Court dismissed Dr Adil’s appeal against GMC disciplinary findings arising from COVID-19 conspiracy videos, upholding misconduct, impairment, and a six-month suspension.

• Medical misconduct
• Fitness to practise
• Freedom of expression
• Echr article 10
• Social media conduct
• Medical-misconduct

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Lambert-Simpson v Health and Care Professions Council

Lambert-Simpson v Health and Care Professions Council [2023] EWHC 481 (Admin) (07 March 2023)

The High Court dismissed a professional discipline appeal about offensive social media posts, upholding findings of misconduct, impairment, and a four-month suspension.

• Fitness to practise
• Misconduct
• Social media conduct
• Racial motivation
• Procedural fairness
• Sanctions in professional regulation

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Robert Lambert-Simpson v Health and Care Professions Council

Appeal against HCPC suspension dismissed. The court upheld findings of misconduct and impairment over offensive social media posts, including one found racially motivated.

• Fitness to practise
• Misconduct
• Racial motivation
• Social media conduct
• Sanctions
• Procedural fairness

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Ngole, R (on the application of) v The University of Sheffield

Ngole, R (on the application of) v The University of Sheffield [2019] EWCA Civ 1127 (03 July 2019)

The Court of Appeal held that Ngole’s exclusion from a social work course was unlawful and disproportionate, and remitted the case for a fresh hearing.

• Freedom of expression
• Freedom of religion
• Fitness to practise
• Proportionality
• Disciplinary proceedings
• Social media conduct

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P (A Child) (Application to Revoke Placement Order), Re

The High Court refused to revoke a placement order for a child, finding the parents had not addressed serious findings of violence and the child’s welfare still favoured adoption.

• Revocation of placement order
• Child welfare
• Domestic violence
• Alcohol abuse
• Procedural fairness
• Attachment and emotional harm

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Ngole, R (On the Application Of) v University of Sheffield

Ngole, R (On the Application Of) v University of Sheffield [2017] EWHC 2669 (Admin) (27 October 2017)

The High Court upheld Sheffield University’s decision to remove a social work student after public Facebook posts about same-sex relations, finding no Article 9 breach and a proportionate Article 10 interference.

• Freedom of expression
• Freedom of religion
• Fitness to practise
• Proportionality
• University disciplinary procedures
• Social media conduct

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