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EHRC statement on Higgs v Farmor’s School

Published: 2 October 2024

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: 

“This appeal engages both the Equality Act and the Human Rights Act, as well as the relationship between the two.  

“As Britain’s equality regulator and a National Human Rights Institution, we intervened in Higgs v Farmor’s School to provide the Court of Appeal with impartial expert advice on the proper interpretation and application of these two Acts. 

“We expect this landmark case will set a precedent for future cases concerning protected beliefs in the workplace, especially where those beliefs intersect with other protected characteristics. 

“This case is also significant because it will help establish how employers can respond – without discriminating – to what appears to be an increasingly common phenomenon: a third-party complaint where an employee has published their personal views on a social media platform. 

“Everyone has their own beliefs. Of course, the precious freedoms we all enjoy come with a responsibility to exercise them with care. But it is vital for our democracy that everyone is able to hold and express their own beliefs in accordance with the law.  

“At the EHRC it is our duty to prevent discrimination and stand up for everyone’s rights. We look forward to the Court’s judgment in this appeal and the clarity it will bring to the law in this area.”   

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