Worker sacked over LGBT posts continues legal fight

Kristie Higgs (centre) said she was sacked for "sharing biblical truth" about LGBT education

A school worker sacked over Facebook posts criticising plans for lessons on LGBT relationships has said she is “not alone” in losing a job over Christian beliefs.

Kristie Higgs was dismissed from Farmor’s School in Fairford, Gloucestershire, in 2019, after describing the lessons as "brainwashing".

On Wednesday, her lawyers asked senior judges at the Royal Courts of Justice to uphold her claim against the school over alleged unlawful discrimination.

Speaking outside the High Court in London, where she is challenging an earlier decision to order a new tribunal hearing, Mrs Higgs said: "Christians are losing their jobs or facing discipline for sharing biblical truth, our Christian beliefs."

The 47-year-old mother-of-two, from Fairford, said she was: “Thankful to God for sustaining me.”

“I am not alone to be treated this way.

"Many of the others here to support me today have faced similar consequences,” added Mrs Higgs.

Mrs Higgs had a number of supporters outside the Royal Courts of Justice

The case stems from her son's school's teaching of the No Outsiders In Our School programme - a series of books about the Equality Act in primary schools.

An anonymous complaint was made to Farmor’s School, where Mrs Higgs worked as a pastoral administrator and work experience manager, after she shared and commented on posts about relationship education.

In an earlier statement, she said: “One of the biggest things for me was that this dangerous and anti-Christian ideology was being introduced into a Church of England school.

“I could see that what was happening was harmful, and no parents appeared to know about it.”

'Brainwashing children'

Mrs Higgs, who was posting on Facebook under her maiden name, shared two posts in October 2018 to about 100 friends, one of which referred to “brainwashing our children”.

Another referred to "suppressing Christianity and removing it from the public arena".

At the original employment tribunal Mrs Higgs, supported by the Christian Legal Centre, argued she had been unlawfully discriminated against because of her Christian beliefs.

The school has always maintained she was sacked for the language used in the posts, which it considered to be homophobic and transphobic, and not because of her religious beliefs.

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.

It agreed the posts could have been seen as homophobic and transphobic.

The Employment Appeal Tribunal overturned the decision in June 2023 but concluded the case must be reconsidered by a fresh tribunal.

'Extremely severe dismissal'

On Wednesday, Richard O’Dair, for Mrs Higgs, told judges in written submissions it was “unnecessary” to remit the case.

He said a fresh tribunal could mean Mrs Higgs “will be denied justice once again”.

Instead, he asked judges to uphold her claim against the school over alleged unlawful discrimination.

There was “overwhelming evidence” that Mrs Higgs was “discriminated against her on the grounds of her beliefs”, Mr O’Dair said.

He said that nothing in the posts could be deemed homophobic or transphobic.

“Making that assumption was stereotyping and therefore directly discriminatory,” he said.

He added that Mrs Higgs had worked with LGBT pupils and “there had never been any suggestion that she discriminated against them”.

Protecting the school’s reputation and the rights of others provided “no justification” for her “extremely severe” dismissal, the court was told.

If the school had concerns about the perception of the posts it could have asked Mrs Higgs to clarify her views or to be more careful in the future, her lawyer said.

Farmor’s School has accepted that “fuller reasons” for Mrs Higgs' dismissal were needed, and that holding a fresh tribunal would be “the appropriate course”.

Sean Jones, for the school, said in written submissions: “(Mrs Higgs) was not dismissed for manifesting (her beliefs) but because the manner in which it was manifested could reasonably have caused and did cause others to think she was expressing homophobic or transphobic views.”

Mrs Higgs' bid to prevent the case being submitted for a fresh determination is expected to conclude on Thursday.

A judgment is expected in writing at a later date.