Claimant v St Anne's Catholic High School for Girls

Tribunal found claimant was a worker, not an employee. Tribunal has no jurisdiction to hear breach of contract claims for workers. Even if claimant had been an employee, no notice period was implied: she was paid by the day, covering temporary absence, and maximum flexibility intended for the permanent postholder to return. No written or verbal term to imply notice.

Tribunal found the respondent's reason for termination was not the claimant's belief but the objectionable manner of manifestation: the KOML video objectively advocated coercive control. The interference with the claimant's Article 9 right was prescribed by law and proportionate: the objective was safeguarding vulnerable 14-year-old girls entitled to pastoral support free from gender stereotyping and misogyny, and the claimant's lack of insight undermined her pastoral role. Less intrusive measures (making account private, removing post) had been tried. Balance favoured the students.

Tribunal found the PCP (not being publicly associated with posts incompatible with school ethos or undermining public confidence in worker in position of trust) did not put those with claimant's beliefs at particular disadvantage: virtually anyone may hold controversial views. In any event, the PCP was justified: legitimate aim to protect vulnerable students from misogyny and gender stereotyping; PCP was necessary to ensure staff aligned with school's teaching of equity, equality, tolerance. Proportionate.

Comments on 9 February (that video would be misogynistic if man said same) were reasonable observations inviting discussion, not harassment. Request to make accounts private or remove KOML post did not have proscribed effect or create intimidating environment. Claimant was not given 24-hour ultimatum; no criticism of claimant's actual beliefs occurred; expressing reasonable opinion not harassment. Effect on claimant (upset at final meeting) was due to job loss not the conduct itself. Conduct did not meet threshold for harassment.