A Christian school worker who was dismissed after sharing social media posts about LGBT+ relationships teaching has won a Court of Appeal battle related to her dismissal.
Kristie Higgs lost her role as a pastoral administrator and work experience manager at Farmor’s School in Fairford, Gloucestershire, in 2019 after sharing Facebook posts criticising plans to teach about LGBT relationships in primary schools.
The mother-of-two challenged a June 2023 Employment Appeal Tribunal judgment, which ruled in her favour but sent the case back to an employment tribunal for a fresh decision over whether her dismissal was lawful – which her lawyers told the Court of Appeal was ‘unnecessary’.
In a judgment on Wednesday – the latest stage of her years-long legal battle – three judges ruled in her favour.
They found that the decision to remit the case back to an employment tribunal was ‘unlawfully discriminatory’.
Lord Justice Underhill, sitting with Lord Justice Bean and Lady Justice Falk, said: ‘In the present case the claimant, who was employed in a secondary school, had posted messages, mostly quoted from other sources, objecting to Government policy on sex education in primary schools because of its promotion of “gender fluidity” and its equation of same-sex marriage with marriage between a man and a woman.
‘It was not in dispute… that the claimant’s beliefs that gender is binary and that same-sex marriage cannot be equated with marriage between a man and a woman are protected by the Equality Act.
‘The school sought to justify her dismissal on the basis that the posts in question were intemperately expressed and included insulting references to the promoters of gender fluidity and “the LGBT crowd” which were liable to damage the school’s reputation in the community: the posts had been reported by one parent and might be seen by others.
Kristie Higgs (pictured) lost her role as a pastoral administrator and work experience manager at Farmor’s School in Fairford, Gloucestershire, in 2019 after sharing Facebook posts criticising plans to teach about LGBT relationships in primary schools
Mrs Higgs (centre) was joined by supporters outside London’s Court of Appeal today
‘However, neither the language of the posts nor the risk of reputational damage were capable of justifying the claimant’s dismissal in circumstances where she had not said anything of the kind at work or displayed any discriminatory attitudes in her treatment of pupils.’
Mrs Higgs, from Fairford, had shared and commented on posts raising concerns about relationship education at her son’s Church of England primary school.
Pupils were to learn about the No Outsiders In Our School programme, a series of books teaching the Equality Act in primary schools.
Mrs Higgs, who was posting on Facebook under her maiden name, shared two posts in October 2018 to about 100 friends, one of which referred to ‘brainwashing our children’.
An anonymous complaint was made to the school and Mrs Higgs was suspended and, after a disciplinary hearing, dismissed for gross misconduct.
Mrs Higgs, supported by the Christian Legal Centre, took the school to an employment tribunal, arguing she had been unlawfully discriminated against because of her Christian beliefs.
The school denied dismissing the mother-of-two because of her religious beliefs and said she was sacked because of the language used in the posts.
Responding to today’s Court of Appeal decision, Mrs Higgs said: ‘In October 2018, I shared two private Facebook posts to raise awareness of the gender ideology that was going to be taught to young children in schools as part of statutory Relationships and Sex Education.
Mrs Higgs, who was posting on Facebook under her maiden name, shared two posts in October 2018 to about 100 friends, one of which referred to ‘brainwashing our children’
Mrs Higgs, from Fairford, shared and commented on posts which raised concerns about relationship education at her son’s Church of England primary school (pictured)
She says she was unfairly dismissed after sharing Facebook posts criticising moves to teach pupils about LGBT+ relationships
‘Because of those posts, I lost my job. Today, after nearly 7 years, the Court of Appeal has finally put that right.
‘Expressing biblical Christian teaching on gender and sexuality may appear to be offensive to those who hold the opposite views, but as today’s judgment signals, Christians have a right to express their beliefs publicly.
‘This is not just about me. Too many Christians have suffered discipline or marginalisation at their work because of their Christian faith.’
She thanked campaigners including Christian Concern and the Christian Legal Centre, adding: ‘I pray that today will prove to be a landmark day for Christian freedoms and free speech.
‘Christians have the right to express their beliefs on social media and at other non-work-related settings without fear of being punished by their employer.
‘Expressing biblical truth is not discriminatory. It is an expression of love and of light.
‘Today’s judgment is as important for free speech as it is for freedom of religion. Employers will no longer be able to rely on their theoretical fears of reputational damage or subjective concerns about causing offence to discipline employees for exercising their fundamental freedom to express their deeply held beliefs.
‘The Court of Appeal has now set a clear standard to protect people like me, and the countless other Christians in this nation, to express their beliefs without fear of losing their jobs.’
Supporters of Mrs Higgs, who had gathered outside the Royal Courts of Justice, sang Amazing Grace and other hymns outside the building after she read her statement.
