Christian school assistant sacked over Facebook post can take her case to Court of Appeal

A Christian school teacher who was sacked after expressing concerns on Facebook about Relationships and Sex Education lessons and transgenderism in schools has been given permission to take her case to the Court of Appeal. 

Kristie Higgs, 47, has been fighting against her dismissal by Fairford Secondary School in Gloucestershire for the last five years. 

Granting permission for her legal challenge to maneuver forward, Lady Justice Elisabeth Laing said that “all of the grounds of appeal are arguable with reasonable prospects of success”.

“Even in the event that they weren’t, this appeal raises no less than three necessary questions on the dismissal of an worker for the expression of her beliefs,” she said.

These questions include the “erroneous view that [Mrs Higgs’] views constituted illegal discrimination”, and “the extent to which an employer may lawfully dismiss an worker for expressing views that are based on her religious beliefs in a forum which will not be within the workplace, will not be controlled by the employer, and which has a limited variety of members”. 

The case pertains to two Facebook posts shared in 2018 by Mrs Higgs on her personal Facebook account which was in her maiden name and didn’t have any links to her employer.

In the primary post, she shared a link to a petition difficult the federal government’s plans to introduce compulsory RSE lessons to colleges. The second post linked to an article raising concerns about books promoting transgender ideology in schools. 

She was investigated by the varsity after a single criticism concerning the posts, before later being sacked for gross misconduct. 

The school alleged “illegal discrimination”, “serious inappropriate use of social media”, and “online comments that might bring the varsity into disrepute and damage the status of the varsity”. 

In 2020, an employment tribunal present in favour of the varsity. In 2022, her appeal was postponed after Mrs Justice Eady recused trans campaigner Edward Lord from sitting on the presiding panel. His substitute, Andrew Morris, the previous Assistant General Secretary of National Education Union (NEU), was recused the next 12 months, resulting in more setbacks. 

The Christian Legal Centre (CLC), which is supporting Higgs in her case, said that the hearing on the Court of Appeal is more likely to happen this 12 months.

Responding to the news, Mrs Higgs said she was “very grateful” to Justice Laing for allowing the case to proceed on all grounds, and that she hoped to “receive full justice” on the Court of Appeal. 

“From the start, despite the various attempts by the varsity to suggest otherwise, this has at all times been about my Christian beliefs and me being discriminated against for expressing them in my very own time,” she said. 

“I used to be, and still am, appalled by the sexual ideology that was being introduced to my son’s Church of England primary school. What has happened since in schools with extreme RSE and transgender ideology shows that I used to be right to be concerned as a parent.”

The CLC’s chief executive, Andrea Williams, said it was a crucial case. 

“For Kristie’s case to be heard on the Court of Appeal is a large moment for Christian freedoms and the liberty of any worker to have the option to precise opposition to LGBT+ ideology without fear of losing their jobs,” she said.