A judge is taking her case.
Kristie Higgs, a former school assistant, is set to have her case heard by the Court of Appeal on Wednesday after being dismissed from her job in 2019 for sharing Facebook posts that criticized LGBT+ relationship education in Church of England primary schools. Higgs, 47, from Gloucestershire, claims she was terminated from Farmor’s School for “gross misconduct” after she expressed her Christian beliefs in posts that opposed the “No Outsiders In Our School” program at her son’s school. Her posts, shared privately with about 100 friends, described the program as “brainwashing” and criticized the normalization of gender identity and same-sex relationships.
The Facebook posts led to an anonymous complaint, which triggered an investigation, suspension, and ultimately Higgs’ dismissal. Although a tribunal in 2020 recognized her religious expression as a protected characteristic, it upheld the school’s decision, asserting that her termination was justified. The school argued that Higgs was not fired for her religious beliefs but for the way she expressed them, which they claimed could damage the school’s reputation. The tribunal agreed, noting the posts were seen as potentially homophobic and transphobic.
Higgs’ appeal, supported by the Christian Legal Centre, has broader implications for free speech and religious expression in the U.K. The case raises questions about whether employers can lawfully discipline employees for expressing personal views on social media regarding religious, political, or moral issues. Higgs emphasized the emotional toll of the experience, stating, “Nobody should be sacked for raising the concerns that I did in the way that I did.”
The case has attracted the involvement of several interveners, including the Equalities and Human Rights Commission (EHRC) and the Association of Christian Teachers. The EHRC has expressed concern over the growing trend of employers penalizing employees for private expressions on controversial topics. The court will decide whether the actions against Higgs violated her right to free speech and religious expression, as protected by the European Convention of Human Rights.
Andrea Williams, Chief Executive of the Christian Legal Centre, criticized the Church of England’s stance in the case, highlighting what she sees as a failure of the Church to support Christian moral teachings in schools. Williams argues that this case exposes bias against Christian views in both the education system and the legal framework, calling for more robust protections for religious expression in public life.