School Worker's Dismissal Over Facebook Posts Ruled Unlawful Discrimination
Kristie Higgs' dismissal by Farmor's School over Facebook posts has been ruled unlawful discrimination. The Court of Appeal sided with Higgs.
• public
Court of Appeal Sides with School Worker in Facebook Post Dismissal Case
The Court of Appeal has ruled that Farmor's School unlawfully discriminated against Kristie Higgs, a pastoral administrator, when it dismissed her for expressing her religious beliefs in Facebook posts. The judgment overturns a previous Employment Tribunal decision.
The case, Higgs v Farmor's School [2025] EWCA Civ 109, centred on posts Higgs made on her personal Facebook account in 2018. These posts expressed concerns about Relationships and Sex Education (RSE) in primary schools and what she believed was the promotion of 'gender fluidity'. A parent complained, leading to Higgs' suspension and eventual dismissal for gross misconduct.
Key Arguments and Court's Decision
Higgs claimed direct discrimination and harassment based on her religion or belief, under the Equality Act 2010. While the Employment Tribunal initially dismissed her claims, the Employment Appeal Tribunal (EAT) allowed her appeal, remitting the case back to the ET. Higgs then appealed to the Court of Appeal.
The Court of Appeal, led by Lord Justice Underhill, found that the school's dismissal was not objectively justified. The Court ruled that while the school had a legitimate interest in protecting its reputation, dismissal was a disproportionate response, given the nature of Higgs' posts and the absence of evidence that her views would affect her work with students.
Freedom of Expression vs. Employer's Reputation
The judgment explored the tension between an employee's right to freedom of expression and an employer's right to protect its reputation. The court emphasised the importance of judging a statement by its objective meaning, rather than subjective inferences some might draw from it. The fact that the posts were made on Higgs' personal account, and did not explicitly reference the school, were important considerations.
The court accepted the school could have raised legitimate objections to the language used in her posts, but those objections should be balanced against her own rights and lack of any actual wrong doing at work.
Several groups intervened in the case, including The Archbishops' Council of the Church of England, the Free Speech Union, and the Equality and Human Rights Commission, highlighting the wide-ranging implications of the judgment.
The case now goes back to the Employment Tribunal to assess the remedy due to Higgs for unfair dismissal.
Read the entire judgement here: Higgs v Farmor's School [2025] EWCA Civ 109
