In a “groundbreaking” judgment, the Court of Appeal has reversed a ruling that defended the sacking of a Christian school assistant over beliefs she expressed in private Facebook posts.
Kristie Higgs was fired by Farmor’s Secondary School, in Gloucestershire, in 2019 after she shared a petition on Facebook that was difficult compulsory sex education in schools. In the second post, she shared an article expressing concern in regards to the presence in British and American schools of books promoting transgender ideology.
After an anonymous criticism was made to the varsity, Mrs Higgs was investigated and eventually sacked for allegedly bringing the varsity into disrepute.
She has spent the last six years fighting her sacking within the courts and has eventually won on the Court of Appeal in London today.
The judgment handed down by the court said her dismissal was “unquestionably a disproportionate response”, and that “even when the language of the re-posts passes the brink of objectionability, it just isn’t grossly offensive”.
It further said that there was “no evidence” that the varsity’s popularity had been damaged and concluded that Higgs’ dismissal constituted “illegal discrimination on the bottom of faith and belief”.
Commenting on her victory, Higgs said she hoped the ruling would result in lasting change for Christians within the workplace.
“Expressing biblical Christian teaching on gender and sexuality may look like offensive to those that hold the other views, but as today’s judgment signals, Christians have a right to precise their beliefs publicly,” she said.
“This just isn’t nearly me. Too many Christians have suffered discipline or marginalisation at their work due to their Christian faith.”
She continued, “I pray that today will prove to be a landmark day for Christian freedoms and free speech.
“Christians have the proper to precise their beliefs on social media and at other non-work-related settings without fear of being punished by their employer.
“Expressing biblical truth just isn’t discriminatory. It is an expression of affection and of sunshine.
“Today’s judgment is as vital free of charge speech because it is for freedom of faith. Employers will now not give you the option to depend on their theoretical fears of reputational damage or subjective concerns about causing offence to discipline employees for exercising their fundamental freedom to precise their deeply held beliefs.
“The Court of Appeal has now set a transparent standard to guard people like me, and the countless other Christians on this nation, to precise their beliefs without fear of losing their jobs.”
The Christian Legal Centre (CLC), which has defended her from the start, called the judgment “seminal”.
“The authoritative judgment re-shapes the law on freedom of faith within the workplace. For the primary time in employment law, the judgment has effectively established a legal presumption that any dismissal for an expression or manifestation of Christian faith is prohibited,” it said.
CLC chief executive Andrea Williams said, “Free speech and spiritual liberty are usually not yet extinguished from the English law. The consequence of Kristie’s case sets a crucial legal precedent for a few years to come back.
“The Court of Appeal has confirmed, loud and clear, that ideological censorship at workplace is prohibited, and any employer who tramples upon their employees’ right to freedom of thought, conscience and religion breaks the law of the land.
“This is an amazing victory for Kristie, who lost her job and livelihood for doing not more than expressing her dismay on the nonsensical ideas of gender-fluidity being taught to her child at a Church of England primary school.”
