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

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll