Case backgroundKristie Higgs, a school employee, was dismissed for gross misconduct after the school received a single complaint about her personal Facebook posts that it decided were homophobic and transphobic. Before that hearing took place, Mrs Higgs appealed to the court of appeal. Court of appeal’s decisionThe court of appeal found the school’s decision to dismiss Mrs Higgs was not proportionate and amounted to unlawful direct discrimination. Importantly, there was no suggestion Mrs Higgs was unfit to work in a school. In this case the court said that the school could have issued a statement making it clear that Mrs Higgs’ views did not affect her work.