One of the most high-profile belief discrimination cases in the UK has ended in victory for our client the Free Speech Union who intervened in the Court of Appeal in the case of Higgs v Farmor’s School.
Ms Higgs was sacked by Farmor’s School in Fairfield, Gloucester in 2019 when she shared Facebook posts criticizing plans to teach LGBT+ relationships in primary schools. She brought an employment tribunal case for belief discrimination, claiming that she was manifesting her Christian beliefs.
Ms Higgs claimed belief discrimination at the employment tribunal, but was initially lost her claim at trial in 2020. She appealed to the Employment Appeal tribunal arguing errors of law and was in part successful in appealing the decision.
Ms Higgs appealed again to the Court of Appeal to further vindicate her position.
The 2 day hearing in the Court of Appeal may be viewed here
A number of intervenors were represented in the Court of Appeal, alongside the original parties, showing the importance of this case to free speech and belief discrimination laws:
- Free Speech Union – represented by Branch Austin McCormick LLP, Ben Cooper KC and Spencer Keen both of Old Square Chambers.
- The Archbishops’ Council of The Church of England
- The Association of Christian Teachers
- Sex Matters
- The Equality and Human Rights Commission.
The decision of the Court of Appeal in summary is:
- Dismissing an employee merely because they have expressed protected beliefs which may damage reputation, is unlawful direct discrimination;
- However, if the dismissal is motivated by something objectionable in the way in which it was expressed, determined objectively, then the dismissal will be lawful if, but only if, the employer can show it was a proportionate response to the objectionable feature;
- In this case, the language of Ms Higgs Facebook posts were not capable of justifying her dismissal in circumstances were she had not said anything of the kind at work nor displayed any discriminatory attitude towards pupils.
Farmor’s School may still appeal to the Supreme Court.
Elliot Hammer, Head of Employment at Branch Austin McCormick LLP who acted for the Free Speech Union says:
“In order to be a democracy of the people, for the people and by the people, individuals need to be able to engage in civilized debate about the issues of the day. This important Court of Appeal ruling makes it clear the law will protect workers from employers who try to dismiss them for robust engagement on political issues.”
The Court of Appeal judgment appears to take in many of the representations made on behalf of the Free Speech Union, particularly that damage to the reputation of a company cannot alone be a basis for dismissal of the worker.
Our client The Free Speech Union is a non-partisan, mass membership public interest body that stands up for the speech rights of its members and we are grateful for their instructions in this important case.
Branch Austin McCormick LLP have acted for many successful clients in the Employment Tribunal, County Court, High Court, Court of Appeal and Supreme Court including Natalie Bird, Sonia Appleby, Free Speech Union, Aims Markets Ltd, Hampstead Pianos Ltd, and many more.
If you believe that you have been treated less favourably because of your beliefs, or you are an employer who needs advice and assistance in dealing with these difficult issues, please do not hesitate to contact the employment team via E Hammer on eh@branchaustinmccormick.com
32 St James’s Street
London
SW1A 1HD
