DMH Stallard Employment Law Updates Discrimination and religious beliefs – case of Higgs v Farmor's School
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Feb 20, 2025 The podcast dives into the recent legal battles surrounding religious discrimination, highlighted by the case of a school administrator dismissed for expressing her Christian beliefs on social media. It examines the complexities of balancing competing protected characteristics under the Equality Act. The discussion includes the appeal process that challenged the initial tribunal's decision and the broader implications for workplace rights. Key considerations around privacy, anonymous complaints, and potential changes in discrimination law are also explored, revealing how social media complicates these issues.
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Higgs Case Background
- Mrs. Higgs, a pastoral administrator at Farmor's School, was dismissed in 2019.
- This followed parent complaints about her Facebook posts expressing Christian beliefs on gender and marriage.
Initial Tribunal Ruling
- The Employment Tribunal acknowledged Mrs. Higgs's protected beliefs under the Equality Act.
- However, they found her dismissal justifiable due to the perceived homophobic and transphobic nature of her posts.
EAT Reversal
- The Employment Appeal Tribunal (EAT) overturned the initial ruling, siding with Mrs. Higgs.
- The EAT found the Tribunal hadn't examined the school's actions in relation to her beliefs' manifestation.