Joshua James Sutcliffe v Secretary of State for Education
[2024] EWHC 1878 (Admin)
Kristie Higgs v Farmor’s School
16 June 2023
[2023] EAT 89
Employment Appeal Tribunal
A teacher was fired for Facebook posts criticizing same-sex marriage and gender fluidity. A court said the lower court didn't properly consider if the firing was fair, given the teacher's religious beliefs. The case will be retried to figure out if her firing was justified.
Key Facts
- •Kristie Higgs, a pastoral administrator and work experience manager at Farmor's School, was dismissed after complaints about her Facebook posts on relationships education.
- •The posts expressed views against same-sex marriage and gender fluidity, causing concerns about potential homophobic and transphobic views.
- •Higgs claimed direct discrimination and harassment based on her protected beliefs.
- •The Employment Tribunal (ET) dismissed her claims, finding the dismissal was not because of her beliefs but due to concerns about how her posts might be perceived.
- •Higgs appealed to the Employment Appeal Tribunal (EAT).
Legal Principles
Direct discrimination because of religion or belief.
Equality Act 2010, section 13
Harassment related to religion or belief.
Equality Act 2000, section 26
Protection of religion or belief manifestation under Equality Act 2010.
Equality Act 2010, sections 4 and 10; Council Directive 2000/78/EC; C-188/15 Bougnaoui v Micropole SA
Compatibility of Equality Act 2010 with ECHR Articles 9 and 10 (freedom of religion and expression).
Human Rights Act 1998, sections 3 and 6; ECHR Articles 9 and 10; Page v NHS Trust Development Authority
Proportionality test for limiting freedom of religion or expression.
ECHR Articles 9(2) and 10(2); Bank Mellat v HM Treasury (No 2)
Distinction between objection to a belief and objection to its manifestation.
Page v NHS Trust Development Authority; Wasteney v East London NHS Foundation Trust
Employer's actions influenced by discriminatory motivation of a third party.
Centrum Voor Gelkijheid Van Kansen v Firma Feryn NV; Din v Carrington Viyella Ltd
Outcomes
Appeal allowed.
The ET failed to properly consider whether Higgs's Facebook posts were a manifestation of her protected beliefs and whether the respondent's actions were proportionate to a legitimate aim.
Remitted for rehearing.
The ET needs to re-assess whether the dismissal was due to Higgs's beliefs or an objection to the manner of their manifestation, applying the proportionality test.