header-logo header-logo

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll