Updated to include a reference to Higgs v Farmor’s School, where the Court of Appeal ruled that the dismissal of a school worker for social media posts was discriminatory.
Kristie Higgs, the Christian school assistant who was dismissed after sharing Facebook posts that her employer deemed transphobic and homophobic, has won her case at the Court of Appeal.
In Miller v University of Bristol ET/1400780/22, the employment tribunal held that the professor's anti-Zionist beliefs are protected under the Equality Act 2010, and that his summary dismissal was an act of direct philosophical belief discrimination and unfair.
We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.
We look at three recent employment tribunal decisions concerning dress and jewellery codes that led to successful employment tribunal claims for religious discrimination and unfair constructive dismissal.