The Court of Appeal has reversed a ruling which defended the dismissal of a Christian teaching assistant over online comments made about the LGBT+ community and sex education.
Kristie Higgs, was removed from her role as pastoral administrator and work experience manager at Farmor’s School in Fairford in 2019 for gross misconduct.
The disciplinary action came after she expressed concerns on Facebook in 2018 about the introduction of LGBT+ relationship education at her son's Church of England primary school.
In October 2020, a judge ruled that, despite Mrs Higgs’ posts not being ‘homophobic’ or ‘transphobic’, the school was justified in sacking her because others could perceive them to be so.
After a six-year legal battle, the Court of Appeal has overturned the previous ruling that upheld her dismissal, declaring it unlawful discrimination on the grounds of religion or belief.
In the judgement published on Wednesday, three judges ruled in her favour.
Higgs’ employer argued that its justification for sacking her was due to her language in posts online, not her Christian beliefs – judges ruled that her language was not “grossly offensive” and "dismissal was unquestionably a disproportionate response.”
The posts, which were shared with about 100 friends under her maiden name, criticised the “No Outsiders in Our School” programme. Higgs questioned the appropriateness of teaching young children about gender identity and same-sex relationships and in one post, referred to the initiative as “brainwashing our children.”
An anonymous complaint was lodged with the school, leading to a six-hour disciplinary hearing and her eventual dismissal.
Court of Appeal judges said there was no evidence that Higgs’ posts had damaged the schools’ reputation and there were no concerns that her personal views on sex education would impact her treatment towards pupils or staff at her place of employment.
Responding to the Court of Appeal decision, Higgs said: "Expressing biblical Christian teaching on gender and sexuality may appear to be offensive to those who hold the opposite views, but as today’s judgment signals, Christians have a right to express their beliefs publicly… without fear of being punished by their employer.”
"I pray that today will prove to be a landmark day for Christian freedoms and free speech.”
Sean Jones KC, for the school, told the court in a written submission that remitting the case was "the appropriate course."
"She was not dismissed for manifesting (her beliefs) but because the manner in which it was manifested could reasonably have caused and did cause others to think she was expressing homophobic or transphobic views," he added.
