Teacher Appeals Dismissal Over Student Pronoun Dispute
A dispute over a teacher's refusal to use a transgender student's chosen name and pronouns has reached an employment appeal tribunal in London, where Kevin Lister is challenging a ruling that upheld his dismissal from New College Swindon. The mathematics teacher was fired for gross misconduct in September 2022 after his conduct toward a 17-year-old student prompted complaints about his treatment of the pupil.
The appeal follows a 2024 decision by a Bristol employment tribunal, which found that Lister had been dismissed for expressing his beliefs in an objectionable manner. According to the original tribunal findings, staff considered his conduct to constitute bullying and harassment.
Jude Shepherd, representing New College Swindon, outlined the school's account of the events during the appeal proceedings. She said Lister raised safeguarding concerns when asked to use the student's new name, questioning whether the student's parents supported the decision and whether the pupil had received counseling and advice.
Shepherd said Lister did not seek assistance from the college regarding the student's pronouns and instead declined to comply with the request. She also told the tribunal that he wrote the student's birth name on the classroom whiteboard in front of classmates and said the student could participate in an all-female mathematics competition.
Shepherd further said Lister told the student they should not burden the National Health Service during the pandemic and would become a burden to their parents.
In social media posts, Lister expressed opposition to using transgender students' preferred names. He described transgender ideology as a cult and linked the use of chosen names to concerns about suicide.
In one post on X, Lister stated his position on addressing transgender students and explained why he opposed their requested names.
"I am not going to call my #transgender students by their preferred name.
To do so [is to] support them killing the person they were.
To call them by their preferred name is like telling a potential #suicide victim to jump off a cliff." Lister wrote.
Other posts by Lister compared sexual orientation to a personal choice, such as playing golf, and argued that same-sex relationships were not as valid as heterosexual relationships by definition.
Anna Loufti, representing Lister at the appeal tribunal, argued that the teacher had been required to facilitate the student's social transition despite his personal beliefs. She said the dispute raised questions about how the college balanced its policy on chosen names and pronouns against the rights of staff who hold gender-critical views.
Loufti said Lister believed that complying with the student's request would amount to endorsing the transition, which conflicted with his convictions. She also argued that the college had not adequately considered the competing rights involved in applying its policy.
The college's policy requires students to be addressed by their chosen names and pronouns. The appeal hearing, overseen by Justice Mansfield, was scheduled to conclude on Wednesday.
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