header-logo header-logo

16 May 2025 / Nicholas Dobson
Issue: 8116 / Categories: Features , Discrimination , Human rights , Employment
printer mail-detail

Freedom of expression: what’s acceptable? Pt 2

218610
Nicholas Dobson follows up on Higgs v Farmor’s School, examining the Court of Appeal judgment on a gross misconduct dismissal
  • In a follow-up to his 2023 article on Higgs v Farmor’s School, ‘Freedom of expression: what’s acceptable?’, the author analyses the recent Court of Appeal judgment.
  • The court found that the claimant’s dismissal for re-posting ‘inflammatory’ material on same-sex marriage and gender choice could not proportionately justify her dismissal, which therefore constituted unlawful direct discrimination.

Older people, despite having always lived in England, will nevertheless for many years have inhabited a foreign country—at least in terms of the famous opening of LP Hartley’s 1953 novel, The Go-Between: ‘The past is a foreign country; they do things differently there.’ For what were mainstream views on sex, marriage and gender in the 1950s were, in employment terms, considered dismissible conduct when expressed in 2018.

This was once again apparent when the Court of Appeal revisited on appeal a decision made by the Employment Appeal Tribunal (EAT) in

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll