A Christian teaching assistant who was sacked after expressing critical views on transgender books in primary schools has won an appeal [1].
Kristie Higgs, 46, was accused of gross misconduct and dismissed by Farmor’s School in Fairford, Gloucestershire, in 2019 after sharing Facebook posts criticising plans to teach LGBT+ relationships in primary schools. One of the books to be used was called ‘My Princess Boy’.
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.
In its ruling in 2020, the tribunal concluded that her religion was a “protected characteristic” as defined by the Equality Act, but that the school lawfully dismissed her.
Mrs Higgs appealed against that judgment to the Employment Appeal Tribunal in London, which has now ruled in her favour.
In her judgment, Mrs Justice Eady, president of the Employment Appeal Tribunal, said the question for a future hearing would be whether the school’s decision to sack Mrs Higgs “were because of, or related to, the manifestation of the claimant’s protected beliefs, or were due to a justified objection to the manner of that manifestation”.