Discrimination in the workplace can take many forms — and belief-based disputes can be especially complex. Sometimes, they even lead to legal consequences. For employers, managing situations where rights come into conflict isn’t always straightforward. The Higgs vs Farmor’s School case raises important questions about how far employers can — or should — go when dealing with expressions of belief.

 

Background

The claimant, Mrs Kirstie Higgs, a practising Christian, worked as a pastoral administrator and work experience manager at Farmor’s School in Gloucestershire.

In 2018, she shared Facebook posts on her personal account, outside of work —  criticising the teaching of same-sex relationships and gender identity in schools.

A parent at the school complained, calling the posts offensive and discriminatory. Mrs Higgs was suspended while an investigation was carried out. The school later held a disciplinary hearing, which subsequently led to her dismissal on the grounds of gross misconduct. She appealed the decision.

 

Discrimination and protected beliefs

Mrs Higgs brought an Employment Tribunal (ET) claim for discrimination and harassment on the grounds of religion or belief. Her claim centred on her non-belief in gender fluidity and same-sex marriage, as well as her views that schools should not promote what she described as “unbiblical” ideas. She also argued that her dismissal unfairly restricted her freedom of expression.

However, the Employment Tribunal dismissed her claims. It found that the school had acted based on how her posts might be perceived by others, not because of her beliefs themselves. In other words, the school was worried that someone could interpret her comments as transphobic or homophobic.

 

Appeal and Court of Appeal Decision

Mrs Higgs appealed the decision to the Employment Appeal Tribunal (EAT), which ruled that the original tribunal had failed to properly consider the connection between her posts and her protected beliefs.

The final ruling came in February 2025, when the Court of Appeal overturned the original decision and ruled in Mrs Higgs’ favour. It found:

• Her dismissal amounted to direct discrimination.
• The school failed to justify limiting her right to express her beliefs.
• Her posts, though critical, were not offensive enough to justify dismissal and were shared outside of work.
• The school’s response was disproportionate, especially as there was no actual reputational damage.

The judgment set a clear precedent: belief-based expression, even when controversial, is protected — especially when shared on personal platforms and outside of work.

As of now, no compensation amount has been confirmed. A separate process will decide that outcome.

 

Key Learnings for Employers and HR Professionals

The Higgs case offers vital lessons for SMEs and independent HR professionals alike—particularly when it comes to managing belief-based expression in a sensitive and legally compliant way.

 

1. Protected Beliefs Are Broadly Defined

Religious and philosophical beliefs, including gender-critical views, can be protected under the Equality Act 2010, even if they offend others.

 

2. Context Matters

Taking action over something said or shared outside of work especially on personal social media, requires careful judgment.

Ask:

• What is the tone and content of the post?
• Is it a personal view?
• Is it linked to their professional role?
• Could it reasonably cause harm to the organisation’s reputation?

 

3. Proportionality Is Essential

Any action taken must be fair, measured, and justifiable. Employers must weigh the employee’s right to express a belief against any potential impact on the business—and show clear reasoning for their decision.

 

4. Policy and Training Are Your Best Defence

Make sure:

• Social media and conduct policies are clear and up to date.
• Policies include reference to protected beliefs and expression.
• Managers and decision-makers are trained to apply them fairly.

 

Final Thoughts

This case is a powerful reminder for SMEs: even if beliefs are unpopular or uncomfortable, employees still have a right to express them — especially outside of work. At the same time, employers need to consider the impact on their wider workforce, reputation, and culture.

For independent HR professionals, this case highlights the importance of:

• Getting the balance right.
• Supporting fair and lawful decision-making.
• Being confident in when (and how) to act.

Clear policies, thoughtful leadership, and confident HR advice are more important than ever when beliefs and business values come into conflict.

See Higgs (Respondent) v Farmor’s School (Appellant) for more.