Higgs v Farmor’s School

Subject Matter

DISCRIMINATION — Religion or belief — Manifestation — Claimant secondary school employee making social media posts critical of relationships education in primary schools — Complaint by parent that posts homophobic and prejudiced — Claimant dismissed for gross misconduct — Employment tribunal rejecting claim of direct discrimination and harassment because of protected beliefs — Whether requisite nexus between protected beliefs and social media posts such that posts manifestation of beliefs — Correct approach to whether objection could justifiably be taken to way beliefs manifested — Equality Act 2010 (c 15), ss 13, 26

[2023] EAT 89; [2023] ICR 1072; [2023] IRLR 708, EAT

DISCRIMINATION — Religion or belief — Manifestation — Claimant secondary school employee making social media posts critical of relationships education in primary schools — Complaint by parent that posts homophobic and prejudiced — Claimant dismissed for gross misconduct — Employment tribunal rejecting claim of direct discrimination and harassment because of protected beliefs — Employment Appeal Tribunal finding requisite nexus between protected beliefs and social media posts but remitting case for consideration whether objection could justifiably be taken to way beliefs manifested — Whether appropriate for remittal — Status of guidance as to approach to assessing proportionality of any interference with rights to freedom of religion and belief and of freedom of expression — Equality Act 2010 (c 15), ss 13, 26 — Human Rights Act 1998 (c 42), Sch 1 Pt 1, arts 9, 10

[2025] EWCA Civ 109; [2025] ICR 1172; [2025] 3 All ER 641; [2025] IRLR 368; [2025] WLR(D) 87, CA

DISCRIMINATION — Religion or belief — Manifestation — Claimant secondary school employee making social media posts critical of relationships education in primary schools — Complaint by parent that posts homophobic and prejudiced against LGBT community — Claimant dismissed for gross misconduct — Employment tribunal rejecting claim of direct discrimination because of protected beliefs — Appeal tribunal finding posts representing manifestation of claimant’s beliefs and remitting issue of whether objection could justifiably be taken to such manifestation — Whether remittal appropriate — Whether claim of direct discrimination established — Equality Act 2010 (c 15), s 13 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 9

[2025] EWCA Civ 109; [2025] ICR 1172; [2025] 3 All ER 641; [2025] IRLR 368; [2025] WLR(D) 87, CA

Appellate History

Commentary

Law & Religion UK
Does an unlawful manifestation of belief merit protection? Higgs Case comment

Employment and “protected beliefs”: Higgs v Farmor’s School Case comment

Conduct, dismissal from employment and Articles 9 & 10 ECHR: Higgs v Farmor’s School again Case comment

Out-Law
Ruling shows employers must act proportionately in respect of protected beliefs Case comment

Cloisters chambers
Manifestation of belief – Higgs v Farmor’s School Case comment