Kristie Higgs, a Christian mother of two and former staff member at Farmor’s School in Fairford, Gloucestershire, has won a significant legal battle after being sacked in 2019 for sharing social media posts critical of teaching LGBT+ relationships in schools.
The case reached a crucial turning point when the Court of Appeal ruled in February that her dismissal for gross misconduct was “unlawfully discriminatory” and “a disproportionate response.” Following this judgment, Farmor’s School sought permission to challenge the decision at the Supreme Court earlier this year.
However, in a decision published recently, three Supreme Court justices—Lord Reed, Lord Hamblen, and Lady Simler—denied the school’s request to appeal the case at the highest legal level. They determined that the court lacked jurisdiction on three of the school’s grounds for appeal and found the remaining ground did not raise a significant legal question.
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Mrs. Higgs expressed relief at the ruling, stating: “I am grateful to the Supreme Court for this common-sense decision. Christians have the right to express their beliefs on social media and in other non-work settings without fear of employer punishment.”
Her dismissal stemmed from posts she shared on a private Facebook page in October 2018, in which she voiced concerns about relationship education at her son’s Church of England primary school. The posts referenced the “No Outsiders In Our School” programme, which uses books to teach the Equality Act. Mrs. Higgs had reposted content and added her own comment about “brainwashing our children.”
An employment tribunal initially ruled in 2020 that although Mrs. Higgs’ religion was a protected characteristic, her dismissal was lawful. This decision was later overturned by an Employment Appeal Tribunal (EAT) in 2023, which recommended the case be reconsidered by a tribunal. Mrs. Higgs' lawyers appealed this recommendation as unnecessary.
The Court of Appeal’s judgment emphasized that dismissing an employee solely because they express religious beliefs objectionable to the employer or associated parties constitutes unlawful direct discrimination under the Equality Act. This landmark ruling underscores the protection of religious expression outside the workplace.