A Christian school administrator dismissed for criticising LGBTQ+ relationship lessons has won a significant Court of Appeal ruling in her favour.
Kristie Higgs, 47, was terminated from her role at Farmor’s School in Fairford, Gloucestershire, in 2019 after posting online remarks condemning plans to introduce LGBTQ+ education in primary schools.
Her comments, shared on Facebook under her maiden name, described the lessons as “brainwashing” and raised concerns about the No Outsiders In Our School program, which aims to educate students on the Equality Act and inclusivity.
In one post, Higgs wrote: “PLEASE READ THIS! THEY ARE BRAINWASHING CHILDREN.” She further argued that teaching same-sex marriage as equal to traditional marriage was a “vicious form of totalitarianism.” Another post suggested that Christianity was being suppressed in society.
Following an anonymous complaint, the school launched an investigation, leading to her suspension and subsequent dismissal for gross misconduct.
School officials claimed the decision was based on the language of her posts, which they said could be perceived as homophobic and transphobic, rather than her religious beliefs.
Legal Battle and Court Ruling
Higgs challenged her dismissal, arguing that it constituted unlawful discrimination.
An employment tribunal in 2020 ruled that her Christian faith was a protected characteristic under the Equality Act but upheld the school’s right to terminate her employment.
However, in 2023, an employment appeal tribunal overturned the decision, directing the case back to a fresh tribunal hearing.
In a major development, the Court of Appeal ruled in Higgs’ favor, declaring that sending her case back for reconsideration was “unlawfully discriminatory.”
Presiding over the ruling, Lord Justice Underhill, alongside Lord Justice Bean and Lady Justice Falk, stated that Higgs’ beliefs about gender and marriage were protected by law.
“The claimant, who worked in a secondary school, shared messages, largely from other sources, opposing government policies on sex education in primary schools, particularly regarding ‘gender fluidity’ and the equal treatment of same-sex marriage and heterosexual marriage,” Lord Underhill stated.
He emphasized that while the school justified her dismissal based on the tone of her posts and potential reputational damage, it failed to prove that her statements had any impact on her professional conduct or treatment of students.
Supporters and Critics React
The ruling was celebrated by Andrea Williams, CEO of the Christian Legal Centre, which supported Higgs’ legal fight.
“This verdict is a huge win for free speech and religious freedom in the workplace,” Williams said. “Employers who attempt to silence employees’ personal beliefs violate the law.”
However, LGBTQ+ advocacy groups stressed the importance of inclusive education for student well-being.
A Stonewall spokesperson clarified that the ruling addressed the proportionality of Higgs’ dismissal, rather than endorsing her opinions.
“Schools must continue to uphold inclusive policies and create safe environments for students of all backgrounds,” they stated. “Every student deserves to feel respected and valued within their educational setting.”
Broader Implications
This ruling highlights the ongoing debate between freedom of speech, religious expression, and inclusive education policies.
It also reinforces legal protections for employees expressing personal beliefs outside the workplace while setting a precedent for how schools and employers handle similar cases in the future.
