A Court of Appeal challenge against a school worker’s dismissal over Facebook posts criticising plans to teach about LGBT+ relationships in schools has begun in London.
Kristie Higgs was dismissed for gross misconduct by Farmor’s School in Fairford, Gloucestershire, in 2019 after she shared and commented on posts which raised concerns about relationship education at her son’s Church of England primary school.
The 47-year-old appealed against that judgment to the Employment Appeal Tribunal in London, which ruled in her favour but remitted the case to an employment tribunal for a fresh determination.
Her lawyers are now challenging the decision to order a new tribunal hearing.
Speaking outside the Royal Courts of Justice before the hearing on Wednesday, Mrs Higgs, supported by several others, said she is “thankful to God for sustaining me”.
She said: “I am not alone to be treated this way. Many of the others here to support me today have faced similar consequences.
“This is not just about me. It cannot be right that so many Christians are losing their jobs or facing discipline for sharing biblical truth, our Christian beliefs.”
Mrs Higgs and her supporters also held a group prayer before entering the court building.
The case came after pupils at Farmor’s School were due to learn about the No Outsiders In Our School programme, a series of books teaching the Equality Act in primary schools.
Mrs Higgs, who was posting on Facebook under her maiden name, shared two posts in October 2018 to around 100 friends, one of which referred to “brainwashing our children”.
An anonymous complaint was made to the school and Mrs Higgs was suspended and, after a disciplinary hearing, dismissed for gross misconduct.
Mrs Higgs, supported by the Christian Legal Centre, took the school to an employment tribunal, arguing she had been unlawfully discriminated against because of her Christian beliefs.
The school denied dismissing the mother-of-two because of her religious beliefs and said she was sacked because of the language used in the posts.
In its ruling in 2020, the tribunal concluded her religion was a “protected characteristic” as defined by the Equality Act, but that the school had dismissed her lawfully.
The appeal, before Lord Justice Underhill, Lord Justice Bean and Lady Justice Falk, is expected to conclude on Thursday, with a judgment expected in writing at a later date.
