The Supreme Court has refused permission to appeal the landmark judgment in the case of Higgs v Farmor’s School.
Our full update on the Court of Appeal decision is linked here. However, Ms Higgs was dismissed by Farmor’s School for gross misconduct, after she posted comments on social media that the school considered to be both transphobic and homophobic.
Ms Higgs appealed her dismissal and argued that it was based on her religious beliefs and the fact that she didn’t believe in “gender fluidity”, or the notion that someone could change their biological sex.
The case went all the way to the Court of Appeal, who upheld Ms Higgs’ appeal and found that her dismissal amounted to unlawful discrimination based on her protected philosophical beliefs. The Court of Appeal also found that the school’s decision to dismiss Ms Higgs was not proportionate.
Farmor’s School sought leave to appeal to the Supreme Court and this was refused.
The Supreme Court’s decision to refuse the appeal means the Court of Appeal’s finding that Ms Higgs’ dismissal amounted to unlawful discrimination based on her protected philosophical beliefs will stand.
This Supreme Court’s decision reinforces the significance of safeguarding employees’ rights to express their beliefs, even when those beliefs might be controversial or unpopular. It also reiterates that while employers are entitled to promote a respectful and inclusive working environment, any limitations on employees’ expression must be both necessary and proportionate.
As previously reported, there are concerns that the decision could affect vulnerable minority groups, as some employees might interpret the decision as granting unrestricted freedom to voice offensive views, making employers more cautious about intervening. Nevertheless, employers must continue to protect their workforce from discrimination and unlawful harassment, and they should seek legal advice when dealing with such matters.
For more information on following a fair redundancy procedure, please contact a member of the Glaisyers ETL Employment team.
