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

• 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