Christian Worker Wins Appeal for Dismissal for LGBT Facebook post

Background

In 2019, Kristie Higgs, an employee at a Church of England school in Gloucestershire, was dismissed from her position as a Pastoral Assistant after she posted comments on her personal Facebook account opposing the introduction of LGBT-inclusive education at the school. Higgs argued that her dismissal was an infringement on her rights to freedom of speech and religious belief.

Higgs' posts made on her personal Facebook page expressed concerns about the school's plans to introduce lessons on LGBT relationships, which she felt conflicted with her Christian beliefs. Following a complaint from a colleague who saw the posts, the school initiated an investigation that led to her dismissal on grounds of gross misconduct.

During the Tribunal

Higgs challenged her dismissal, claiming it was a violation of her rights under the European Convention on Human Rights (ECHR), specifically Article 9 (freedom of thought, conscience, and religion) and Article 10 (freedom of expression). The Employment Tribunal initially sided with the school, stating that her posts could potentially cause offense and disrupt the school's inclusive policies.

However, upon appeal, the Employment Appeal Tribunal ruled in favor of Higgs. The Tribunal found that the school had not adequately balanced Higgs's rights to express her religious beliefs with the need to protect the rights of others. 

Commentary

This case highlights the delicate balance employers must strike between fostering an inclusive environment and respecting employees' rights to freedom of belief. Higgs is simply one of many employees that have encountered discrimination in the workplace due to their personal beliefs.

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Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk