Higgs v Farmor's School

Employment Appeal Tribunal - Appeal granted 16 June 2023

Mar 16, 2023

Photo by Taylor Wilcox on Unsplash

In 2019, primary school assistant, Kristie Higgs, then 43, was dismissed for gross misconduct by Farmor's School in Fairford, Gloucestershire.

Higgs had shared and commented on posts on her personal Facebook in 2018 which raised concerns about LGBTQ relationship education at her son's Church of England primary school.

After one anonymous complaint, the academy dismissed her for reasons including "illegal discrimination", "serious inappropriate use of social media" and "online comments that could bring the school into disrepute and damage the reputation of the school".

Higgs took Farmor’s School to Employment Tribunal in 2020, where Employment Judge Derek Reed ruled the dismissal was lawful, that it wasn't related to Higgs' Christian beliefs and, "was the result of a genuine belief on the part of the school that she had committed gross misconduct". This page covers Higgs’ appeal of that decision.

Double recusal

In a preliminary hearing in June 2022, Mrs Higgs’ lawyers challenged the impartiality of a tribunal lay member, Edward Lord OBE, and his suitability to hear the appeal. Lord had made a series of public statements which included that individuals should be prohibited from making comments or statements regarding LGBT ideology, especially transgenderism. The Honourable Mrs Justice Eady DBE, President of the Employment Appeal Tribunal, heard the application and stated Lord's involvement ‘could not exclude the possibility of bias’ and granted the request for his recusal.

In March 2023, an application for a second recusal of a panel lay member was made. The appellant requested recusal of lay member Andrew Morris and this was granted by the Judge on the morning of the EAT hearing itself (16th March 2023). Reflecting on the parties input the Judge decided to proceed to hear the appeal without any panel members. Here is a short explainer of both recusal decisions in the Higgs v Farmor's School case by @legalfeminist and Mrs Justice Eady’s second recusal decision can be read here.

Status

Higgs prevailed in her appeal. The Employment Tribunal decision that deemed her dismissal was lawful has been overturned. The appeal judgment can be read here.

The case will now go back down to the Employment Tribunal to be reheard.

Live Tweeting Sessions

Although scheduled for two days, the appeal was heard in one day on March 16th 2023 before The Honourable Mrs Justice Eady DBE, President of the Employment Appeal Tribunal.

16th March morning - preliminary hearing regarding recusal of Panel lay member. Recusal granted. Submissions put forward by Richard O'Dair, barrister for Appellant Kristie Higgs

16th March afternoon - submissions put forward by Richard O’Dair, barrister for Appellant Kirstie Higgs and by Debbie Grennon, barrister for Farmor’s School. Remote access was lost from approximately 4pm.

Abbreviations

AB or ROD: Apellant Barrister, Richard O'Dair, for Kristie Higgs

RB or DG: Respondent Barrister, Debbie Grennon, for Farmor's School

J - Judge, Mrs Justice Eady, President of the Employment Appeal Tribunal

P: Member of tribunal's panel

A of KH: Appellant, Kristie Higgs

R or FS: Respondent, Farmor's School

R2: Archbishops' Council of Church of England (intervenor)

ET - Employment tribunal

EAT - Employment Appeal Tribunal

TG - Transgender

RSE - Relationship & Sexuality Education

EA: Equality Act 2010

PC: Protected Characteristic

CofE: Church of England

Press coverage

Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.

(Article featured in: NewsChain, Chester Standard, Keighley News, Ledbury Reporter, Andover Advertiser, Wiltshire Tumes, Guernsey Press, Bicester Advertiser, Shropshire Star, NWE Mail, Herald Series, Penarth Times, Inverness Courier, Hillingdon Times, Norwich Evening News, Surrey Comet, MSM, AOL, Daily Echo, Echo News, Gazette and Herald, Wrexham Leader, Alloa Advertiser, The York Press, Slough Observer, Swindon Advertiser, Irish News, Northern Times, Ross-shire Journal, Strathspey Herald, Watford Observer, Salisbury Journal, Oxford Mail, Grampian Online, Romford Recorder, The Argus, Barry and District News, News and Star, Reading Chronicle, St Albens and Harpenden Review, Somerset County Gazette, Clacton and Frinton Gazette, Sidmouth Herald, Warrington Guardian, Runcorn and Ridnes World, Redhill and Reigate Life, South West Argus, UK Daily News, Central Fife Times, The The Frewshire Gazette, AOL, Diss Mercury