Manifestation Of Religion Or Belief

• Published date: 15 September 2023
• Law Firm: Simons Muirhead & Burton
• Author: Ms Laura Livingstone and Aysu Haker

It is undeniable that social media is a powerful tool to help spread information and support the expression of one's views but, where is the line drawn when it comes to such expression in the employment context? When can one's private social media activity pose a threat to their employment?

In the recent Employment Appeal Tribunal (EAT) case of Higgs v Farmor's School[2023] EAT 89, the Claimant, an employee of the Farmor's School was dismissed for gross misconduct following a complaint about her personal Facebook posts, which were described as 'homophobic' and expressing 'prejudiced views against the LGBTQ+ community'. There was a particular concern over the posts given that the Claimant in her role, worked alongside LGBTQ+ pupils and created the perception that she held 'unacceptable views in relation to gay and trans people' contrary to the Equality Act (EqA) 2010'.

"Religion" and "belief" are protected characteristics under the EqA 2010 and the Act defines belief widely to mean 'any religious or philosophical belief' or even a lack of belief. Following her dismissal, the Claimant brought a claim in the Employment Tribunal (ET) claiming harassment and direct discrimination on account of this protected characteristic. The claim was unsuccessful in...