Teacher loses dismissal case after accessing trans pupil’s safeguarding record

A Christian teacher, who cannot be named and has therefore been referred to as A, has lost an unfair dismissal and religious discrimination claim in a hearing that took place at Nottingham Employment Tribunal Centre in March. The teacher was first suspended from her role in September 2021 after refusing to refer to a trans pupil by the name and pronouns requested by the child's parents. A year later, after a brief return to the school, the teacher was fired after accessing the pupil, referred to as X’s, safeguarding report and transcribing it to her personal computer.

In evidence given during the tribunal, it was revealed that A repeatedly accessed child X's online safeguarding file on the school's CPOMS system.

"She was fully aware that her use of [the system] in this manner was unauthorised, and indeed she accepted during cross-examination that her access of the system was wrong," the tribunal ruled.

Employment judge Peter McTigue said in the ruling published on Friday: "In short, A believed that her opinion” which was based on her religious beliefs, “was correct and that the approach adopted by the school and by child X and their parents was incorrect.

"That was clearly unreasonable as A was not in possession of all relevant information regarding child X at any point in time including, for example, child X's medical information."

Judge McTigue also ruled that transitioning children should have anonymity over their true biological sex "for life" to respect their privacy and ensure their future safety.