Issues around Social Media posts

The Court of Appeal in the recent case of Higgs v Farmor’s School [2025] EWCA Civ 109 found that an employee dismissed in relation to gender critical media posts was directly discriminated against.

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The facts of the case

The case concerned an employee, Mrs Higgs, who was employed by a secondary school in the roles of a Pastoral Administrator and Work Experience Manager.  Mrs Higgs was a Christian.  She was dismissed by her employer after she reposted a social media post urging people to sign a petition against the teaching of subjects and principles concerning gender and marriage.  The post suggested that children were being “brainwashed” and specifically challenged the notion that children might be taught that same-sex marriages are the same as traditional marriages, that all relationships are equally valid, and that gender is a matter of choice as opposed to biology.  A concerned parent complained.  The school relied on this complaint as evidence of discrimination, her post risked potential harm to the school’s reputation.  She pursued a claim and the Employment Tribunal decided whilst her beliefs would amount to a protective characteristic but that was not the reason for her dismissal.  The reason for her dismissal was bringing the school into disrepute. There was a long appeal process first to the Employment Appeal Tribunal and then to the Court of Appeal, The Court of Appeal decided that Mrs Higgs had been unlawfully discriminated against on the grounds of religion and belief.  The decision to dismiss her was not a proportionate response to her social media post.  She had not expressed her views in the workplace and had not discriminated against any of the school’s pupils.

Key takeaway for employers

The case has served as a reminder for employers that the expression of objectional beliefs by one of its employees does not necessarily justify the dismissal of that employee.

Employers should not make assumptions because an employee expresses an objectional belief that automatically means they hold other similar beliefs.

To dismiss an employee fairly, not discriminating against that employee, the employer will need to show that their actions were justifiable and the fact that the employer may object to the beliefs expressed by an employee is not in itself sufficient reasoning for dismissing them

Practical takeaway for employers

1. Does the employee’s actions, which the employer object to, affect the workplace, and does it bring the employer into disrepute? If not, then no action should be taken.
2. Just because the employer disagrees with the beliefs of an employee, does not in itself mean any dismissal is fair and non-discriminatory.
3. Employers should consider all the facts carefully before taking action and seek professional advice as it is always more cost effective to pay for advice at the outset then to require Employment Tribunal representation later on.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP is always happy to provide such advice.