Court of Appeal adopts intervener’s submissions in Higgs v Farmor’s School and upholds guidance provided by the EAT in landmark case of manifestation of religion and belief.

Image of Sarah Fraser Butlin KC, Akua Reindorf KC and Chris Milsom

Three of Cloisters’ barristers acted in this landmark case: Sarah Fraser Butlin KC on behalf of the Archbishops Council, Akua Reindorf KC for Sex Matters and Chris Milsom as Junior Counsel for the Respondent.

The Court of Appeal has today upheld the guidance provided by the EAT, that was proposed by Sarah Fraser Butlin KC for the Archbishops’ Council, in a major decision concerning the question of how courts and tribunals should approach religious or philosophical belief discrimination cases concerning the manifestation of belief – when people are treated less favourably because they have done or said something expressing their protected beliefs. The guidance will be of real practical assistance to employers and employees.

The Appellant was dismissed for gross misconduct by Farmor’s School after she shared Facebook posts relating to relationships education in primary schools.

The Court of Appeal confirms that courts and tribunals are required to assess whether there was a distinction between an objectionable manifestation of a belief and the manifestation of the belief itself through the lens of Article 9 and 10 ECHR, thereby importing an objective justification type defence into direct discrimination claims based on belief.

The Full judgment can be read here.