header-logo header-logo

21 July 2023 / Charles Pigott
Issue: 8034 / Categories: Features , Employment , Tribunals , Discrimination , Human rights
printer mail-detail

Discrimination & gender-critical beliefs: a clash of rights?

131243
A recent Employment Appeal Tribunal ruling on gender-critical beliefs has brought human rights to the fore: Charles Pigott analyses a significant development for discrimination claims
  • In allowing Mrs Higgs’ appeal against her dismissal for expressing gender-critical views, the Employment Appeal Tribunal has emphasised that the claimant’s human rights should be the starting point when adjudicating on discrimination claims based on the protected characteristic of religion or belief.

In a recent ruling, the Employment Appeal Tribunal (EAT) has upheld Kristie Higgs’ appeal against the 2020 employment tribunal ruling which had dismissed her claims for direct discrimination and harassment (Higgs v Farmor’s School [2023] EAT 89). It has remitted the case to an employment tribunal for it to determine the ‘reason why’ question—ie whether she was subjected to the detriments of which she has complained ‘because of’ her religion or belief.

Key issue

The key issue on appeal was whether the school (a state secondary school) directly discriminated against Mrs Higgs when it dismissed her because of ‘florid and provocative’ Facebook posts in which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll