A gender-critical teacher has told a court he was sacked after refusing to use a trans student’s preferred pronouns.
Kevin Lister, 60, was dismissed for serious misconduct in September 2022 by New College Swindon following complaints from two students.
The maths teacher had refused to refer to a 17-year-old biologically female student by her preferred male first name and he/him pronouns in A-level lessons.
Mr Lister brought a claim against the college at an employment tribunal, alleging unfair dismissal, discrimination or victimization based on religion or belief, and that he had suffered detriment and/or dismissal as a result of the exercise of rights under the Public Interest Disclosure Act.
The hearing was told the teenager – known only as Student A – informed the college in September 2021 that he wanted to be called by a boy’s name and with male pronouns.
During his evidence, Mr Lister, from Wiltshire, suggested that Student A’s decision to use male pronouns had the effect of “forced speaking”, meaning he and his classmates had to follow their wishes, regardless of their own beliefs.
Kevin Lister, 60, said the request to call Student A by his preferred male name was “forced speech”.
Kevin Lister, 60, was dismissed for serious misconduct in September 2022 by New College Swindon
“I took issue with the request to socially transition children who are incapable of making an informed decision,” he told the hearing at the Bristol Civil Justice Centre.
“That’s the intention of this policy: to encourage children to transition socially and push them towards transgender advocacy groups.
“Why aren’t we allowed to question why a student presents as the opposite gender?
“It is not the role of a math teacher to confirm a student’s gender transition and social transition.”
Mr Lister said as a teacher he had “an obligation to teach facts” and said the university’s policies went beyond the Equality Act and affirmed that they were therefore “illegal”.
“I say this violates the Equality Act because you are encouraging the idea that a non-binary person can come to class and say they are a boy and then in the afternoon they can say somewhere between the two,” he said.
Referring to the university’s policy, Mr Lister said: “It does not require gender-critical people to change their beliefs.
“What politics requires is accepting in a way that is contrary to our beliefs.”
Jude Shepherd, the lawyer representing the college, suggested the policy did not prevent staff members with sexist beliefs from being “inclusive and treating people with respect”.
Mr Lister told the hearing that when Student A informed him by email of his wish to be referred to by male pronouns, he immediately raised his safeguarding concerns with the college, as he was worried about their academic performance and whether the two were related.
“She has no right to coerce teachers and other students who do not share her views,” he said.
“It is the interpretation of the word ‘respect’ which is at issue here.”
The hearing was told that during lessons, Mr Lister, instead of using Pupil A’s preferred pronouns, pointed at them.
“I made a move. Some would say I was pointing fingers. I didn’t want to use his deceased name, but I didn’t want to help him with his social transition,” Mr Lister said.
During one lesson, Student A asked if she could enter a national math competition for girls, and Mr. Lister replied, “Of course you can enter because you’re a girl.”
Ms Shepherd asked: “Do you accept that this is an insensitive response?
Mr Lister replied: “No, that was a factual answer. Student A tries to subject me to forced speech and the rest of the class to forced speech.
“It was upsetting for the rest of the class to be subjected to this. The rest of the class didn’t look happy – some students rolled their eyes.
Mr Lister, who taught mathematics at New College Swindon, would wave at Student A instead of using his preferred male name, the hearing was told.
When asked to explain why he wrote Student A’s “deceased name” on the classroom whiteboard, Mr Lister replied: “I put his name on the board in the name where she would be entered into the competition.
“I don’t accept that it’s a dead name. I point out that the name I wrote on the board is the one she would use to register for the girls’ math competition.
Mr Lister said Student A stayed after class to talk to him about the competition because he was worried he would do poorly.
He said he tried to encourage them and offered to arrange one-on-one sessions at lunchtime, then called them an “excellent young lady”.
“I wanted her to believe in herself,” he said. “Maybe it was an awkward thing to say.
“It was the best thing I could say to a young woman in front of me, in tears.”
Ms Shepherd said: ‘You told them the transition was irreversible.’
Mr Lister replied: “That’s the whole point. It is a fact.’
The hearing continues.