Video – Healthcare Employment Law Update April 8 2025
10th April, 2025
Watch the recording of our April Healthcare Employment Law Update.
Hosted by James English, and with contributions from Mark McKeever and Caroline Shafar, all specialists in healthcare employment law. Watch as they examine the case of Higgs v Farmor’s School, which dealt with discrimination on the grounds of religion and belief, and how the tribunals had been handling what could be a difficult issue to address in the workplace.
Key takeaways
The case of Higgs v Farmor’s School (2025) has highlighted the difficulties for employers in balancing freedom of expression with the needs of their employees, patients and service users and the public, but it has also given some useful pointers as to what employers should or shouldn’t be focusing on.
In this case, the decision to summarily dismiss a pastoral manager on the grounds of gross misconduct for sharing Facebook posts on same sex marriage and gender beliefs was held to be both unfair and discriminatory. Taking into account the approach from the Court of Appeal in this case and the decisions of Miller v University of Bristol (2024) and Soydag v St Anne’s Catholic School (2025), things to consider include:
- What was the language used by the employee? Was it foul and abusive, or measured and reasonable?
- Were the comments an expression of their values or belief in general, or focused on an individual or a group of people?
- What steps short of dismissal could the employer take? It is a balancing exercise so would some restrictions to social media, for example, have been a starting point?
- Did the activity harm the employer’s reputation? Don’t assume that it will. An employees right to freedom of expression and manifest their beliefs is protected.
- Does it affect their ability to carry out their role? Some views may be incompatible with the values or ethos of an employer but not necessarily the work the employer has to do.
Dealing with disputes concerning religion or belief are complicated since the employer can, in a sense, justify treating someone less favourably because of their conduct but it will be scrutinised. Further cases and appeals which are due to be heard this year may offer more useful guidance.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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