Branch Austin McCormick partner Elliot Hammer successfully represented the Free Speech Union (FSU) in the Court of Appeal case Higgs v Farmor’s School. Now, Farmor’s school has appealed to the Supreme Court of the United Kingdom and FSU has instructed Elliot to represent them once again in the final determination of the law around manifestation of Christian and gender critical beliefs in the workplace.
Ms Higgs was sacked by Farmor’s School in Fairfield, Gloucester in 2019 when she shared Facebook posts criticizing plans to teach LGBT+ relationships in primary schools. She brought an employment tribunal case for belief discrimination, claiming that she was manifesting her Christian beliefs.
Ms Higgs lost her claim at trial in 2020. She appealed to the Employment Appeal tribunal arguing errors of law and was successful in appealing the decision. She appealed again to the Court of Appeal where after a 2 day hearing Lord Justice Underhill found that her dismissal was discriminatory and no tribunal could have found otherwise.
Farmor’s school has now appealed to the Supreme Court arguing that there is societal importance to the case and the Court of Appeal was wrong in law. The Supreme Court will have the final say in this tricky area of law that touches most people’s lives.
Head of Employment at Branch Austin McCormick Elliot Hammer said:
“Branch Austin McCormick LLP is proud to represent the FSU in this very important Supreme Court case. The European Convention on Human Rights is clear that that in a democracy people cannot be forced out of their jobs for expressing their Article 9 and Article 10 rights. Freedom of thought, conscience, religion and expression are necessary in a liberal democracy.”
If you have been investigated or dismissed due to posting on social media, or perhaps are a company concerned to ensure you have in place lawful social media policies, contact our employment team at Branch Austin McCormick LLP and we will be able to assist you. We have extensive experience in representing clients for belief discrimination / free speech issues including:
Stuart Campbell: We successfully defended Stuart Campbell in the High Court in judicial review proceedings for tweets
Free Speech Union: We successfully represented the FSU in the Supreme Court over freedom of speech
Mayfair Business: Prepared new handbook including updated social media policy
Amy Gallagher: We represent a nurse suspended for tweets
Ben Woods: We represent a supermarket worker dismissed for tweets
Daniel Matchett: We represent a Reform parliamentary candidate investigated for his campaign
Natalie Bird: We were successful in representing a Liberal Democrat prospective MP suspended for wearing a T-shirt
Free Speech Union: We were successful in representing FSU in the Court of Appeal
For further information on the issues raised, please contact Elliot Hammer at: