Tribunal case highlights urgency for ‘definitive’ national policy on gender identity for colleges
feweek.co.uk
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A maths teacher fired by a college for refusing to use the name and pronouns of a trans student has been granted an appeal against a tribunal decision that ruled he was not unfairly dismissed.
Last year, the employment tribunal rejected an unfair dismissal claim from Kevin Lister, a teacher at New College Swindon from August 2020 until September 2022, who was found to have discriminated against a trans student and refused to comply with the college’s policy on gender.
The case will now be heard at an employment appeal tribunal after a judge ruled there were “arguable points as to the boundary between belief and manifestation” of belief under the 2010 Equality Act, and “unqualified rights to hold a belief” under the European Convention on Human Rights.
According to one legal expert the appeal outcome could have ramifications for all employers in education.
At a preliminary hearing last week Judge Beard labelled the appeal as “complex and raising point(s) of law of public importance”.
New College Swindon said it was “disappointed” with the appeal decision but remained “confident” its actions were “fair, justified, and did not amount to discrimination”.
Specialist employment lawyer Joanne Moseley from Irwin Mitchell told
FE Week she had witnessed a growing number of incidents relating to conflicts of belief and freedom of expression.
She said: “I’ve seen many policies, including in the education sector, which don’t do enough to address and balance the needs of trans people protected under the gender-reassignment provisions of the Equality Act with the needs and rights of those protected under different protected characteristics, such as religion or belief and sex.”
The appeal comes after a significant Supreme Court ruling in April which ruled the legal definition of a woman is based on biological sex"