Court to hear Christian school worker’s appeal against dismissal over LGBT posts

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The Court of Appeal is to hear a school worker’s challenge against her dismissal after she claimed she was sacked because of her Christian beliefs.

Kristie Higgs, 47, was dismissed for gross misconduct by Farmor’s School in Fairford, Gloucestershire, in 2019 after sharing Facebook posts criticising plans to teach LGBT+ relationships in primary schools.

Mrs Higgs, from Fairford, shared and commented on posts which raised 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.

In its ruling in 2020, the tribunal concluded her religion was a “protected characteristic” as defined by the Equality Act, but the school dismissed her lawfully.

Mrs Higgs appealed against that judgment to the Employment Appeal Tribunal in London, which ruled in her favour but remitted the case to an employment tribunal for a fresh determination.

Her lawyers are now challenging the decision to order a new tribunal hearing.

Before the appeal, Mrs Higgs said: “I wouldn’t want any parent to go through what I have over the past five years. Nobody should be sacked for raising the concerns that I did in the way that I did.

“My posts were a warning and so much of what has happened in the debate over the past five years has vindicated me.

“I pray now that the Court of Appeal will make the right judgment and will make a ruling that protects Christian employees and parents’ freedom to express their beliefs without fear of being silenced.”

The appeal before Lord Justice Underhill, Lord Justice Bean and Lady Justice Falk is to begin at 10.30am on Wednesday at the Royal Courts of Justice in London, with the hearing expected to conclude on Thursday.