Background

In Higgs v Farmor’s School [2025] EWCA Civ 109, Ms Kristie Higgs was a teacher at the School. In October 2018, a parent at the School complained that she had expressed “homophobic and prejudiced views” on her Facebook page and after an investigation, she was suspended. Disciplinary charges were brought against her at a hearing in December 2018, and in January 2019 she was summarily dismissed for gross misconduct. An internal appeal was unsuccessful [1-2]. She took the matter to an employment tribunal, arguing discrimination and harassment, but was unsuccessful [4]; however, the Employment Appeal Tribunal upheld her appeal and remitted the claim to the ET [5]. She believed that the EAT should have gone further and held for itself that her claim succeeded, and she appealed to the Court of Appeal [6]. The School was refused permission to cross-appeal [7].

Her argument throughout was that though she had not been discriminated against or harassed “for her Christianity per se“, she had been discriminated against for expressing her lack of belief in “gender fluidity” and the possibility of changing one’s biological sex/gender, her belief in marriage as a divinely instituted life-long union between one man and one woman, her lack of belief in same-sex marriage, her opposition to sex and/or relationship education for primary school children and her conviction that she should “witness” her belief in the literal truth of the Bible to the world [27].

The appeal

Her claims were brought under Part 5 of the Equality Act 2010, which is concerned with discrimination at work, but the Court also thought it necessary to consider her Convention rights, particularly under Articles 9 and 10 [29], and the effect of s.3(1) of the Human Rights Act 1998 [42]. Continue reading →