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Employment Law Case: Higgs v Farmor’s School (2025) — Freedom of Belief and Dismissal Risk

Case Overview

The case of Higgs v Farmor’s School was heard in the Employment Appeal Tribunal (EAT) and concerned dismissal linked to social media posts expressing protected beliefs.

The employee, a school pastoral administrator, was dismissed after sharing posts on social media relating to gender identity issues. The employer considered the posts potentially discriminatory and damaging to reputation.

EAT Decision

The Employment Appeal Tribunal ruled that:

• The employee’s beliefs qualified as protected philosophical beliefs under the Equality Act 2010

• Dismissal required a proportionate response

• Employers must balance reputation concerns with freedom of belief protections

• The original dismissal decision required reconsideration under proportionality principles

The case was remitted for reconsideration using correct legal tests.

Key Legal Principles Confirmed

The case reinforces that employers must:

• Distinguish between belief and manifestation of belief

• Assess reputational risk objectively

• Apply proportionality when considering disciplinary action

• Avoid discriminatory dismissal linked to protected beliefs

Employer Risks

Failure to manage these issues carefully can lead to:

• Discrimination claims

• Unfair dismissal claims

• Reputational and employee relations issues

• Tribunal compensation awards

Employer Best Practice

Employers should:

✅ Implement clear social media policies
✅ Train managers on belief discrimination
✅ Assess reputational impact objectively
✅ Apply proportional disciplinary responses
✅ Seek HR advice before dismissal decisions

Matthew Chilcott Comment

“This case highlights the growing complexity of balancing protected beliefs with workplace conduct expectations. Employers must take a measured, evidence-based approach to disciplinary decisions to avoid discrimination risks.”

How Consensus HR Can Help

Consensus HR supports employers with:

• Disciplinary risk assessment

• Social media policy development

• Equality Act compliance

• Workplace investigations

👉 www.consensushr.com