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Wednesday, May 20, 2026

Court of Appeal refuses to reopen discrimination appeal following alleged inconsistency with Higgs decision - VWV

Background

The claimant was cast in the leading role of Celie, a lesbian character, in a stage production of the Color Purple. Shortly after the casting announcement, the claimant's previous social media post, in which she expressed her religious belief that homosexuality is sinful, resurfaced and led to significant public controversy.

Consequently, the Leicester Theatre Trust (the Theatre) terminated her contract, citing the negative impact of the controversy on the production’s cohesion, audience reception, and reputation. Her agent, Michael Garrett Associates Ltd (the Agent), followed suit, citing the commercial risks to their business.

The claimant brought claims for direct discrimination, harassment, indirect discrimination, and breach of contract against both the Theatre and the Agent. In her evidence the claimant accepted that had her contract not been terminated, she would have pulled out of the role as she considered it to have crossed a "red line". The employment tribunal dismissed her claims, concluding that the decisions to terminate her contracts were not based on her religious beliefs but on the adverse publicity and its consequences for the production and the Agent’s business.

The Employment Appeal Tribunal (EAT) upheld the tribunal’s decision, and the Court of Appeal subsequently refused permission to appeal. Miss Omooba then sought to reopen the refusal of permission to appeal, arguing that the decision was inconsistent with the Court of Appeal’s earlier...



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