The recent Court of Appeal ruling in Higgs v Farmor’s School highlights the important balance employers must strike between workplace rights and online expression.

The case: Mrs. Higgs, a school administrator, posted criticism of the teaching of same-sex relationships and gender fluidity on a private Facebook page. A parent complaint about her comments led to her suspension and eventual dismissal for gross misconduct, with the school arguing that her posts breached its social media policy and could harm its reputation.

The outcome: The Employment Appeal Tribunal (EAT) overturned the initial Tribunal’s ruling, emphasising the need for proportionality. The Court of Appeal later confirmed that her dismissal was unlawful, as her posts—despite being contentious—were private and not directly linked to her work. The school failed to prove direct reputational harm.

Key takeaways: Dismissal for expressing a protected belief may be discriminatory unless the employer justifies the response as proportionate. Employers must carefully assess context, audience, and language when addressing such cases to avoid unfair dismissal and discrimination claims.

ACAS has published new guidance to help employers create more inclusive workplaces for neurodiverse employees, aligning with the Equality Act 2010. Neurodiversity encompasses conditions such as ADHD, autism, dyslexia, and dyspraxia, which may be classed as disabilities, offering protection from discrimination and requiring reasonable adjustments.

The guidance encourages raising awareness within organisations to support neurodivergent employees by:

• Integrating neurodiversity into mandatory training;
• Hosting awareness days;
• Fostering open conversations; and
• Senior leaders should also lead by example and support the establishment of staff networks.

A recent ACAS poll revealed that 45% of respondents reported a lack of organisational knowledge on neurodiversity, with 39% noting that line managers struggle to discuss the topic. In response, ACAS advises employers to have respectful, open discussions with neurodivergent employees to understand how their condition may impact their work. It’s important to offer tailored support, such as noise-cancelling headphones or permanent workstations.

Employers should consider adjustments on a case-by-case basis, with some being as simple as changing work processes or seeking expert advice. Additionally, recognising and utilising the strengths of neurodiverse employees can contribute to their success and workplace inclusion.