Gscene News Archive

The General Teaching Council for England has ruled that a former Education, Training and Employment Manager at Brighton & Hove City Council was guilty of discriminating against a teacher because she was transgender.

In 2003, Philip Morgan had secretly sent a fax to an employment agency that revealed the teacher was transgender, despite a request not to do so. After this had been discovered, he refused to write a new reference. The tribunal heard that the male-to-female teacher had lost the opportunity to find work after Morgan revealed her change of gender. Morgan claimed he was misadvised by the Council’s then head of personnel and lawyer Ian Yonge. The GTC committee found Morgan guilty of six separate counts of discrimination, and said that he had “brought the reputation and standing of the profession into serious disrepute.” He has been ordered to undergo formal equality and diversity-awareness training – although he has now retired.

Nigel Tart, the Green Party spokesperson on lesbian, gay, bisexual and trans issues, and a gay teacher, welcomed the latest ruling. “It’s disgraceful that a council that prides itself on being a top LGBT-friendly employer should practise such bigotry against a trans worker.” Tart called on local authorities to provide training for all head teachers, governors and education managers on how to support LGBT workers.

In June 2007, Brighton & Hove City Council was ordered to pay the teacher £35,000 after being found guilty of victimising and discriminating against the teacher. The payment was awarded for loss of earnings and injury to feelings. It has been estimated that the council spent more than £100,000 fighting the employment tribunal. The Council has not disclosed how much was spent, and has failed to respond to questions as to why it decided to fight the case. The Sex Discrimination (Gender Reassignment) Regulations 1999 made it unlawful to discriminate on the grounds of gender reassignment in employment or vocational training. Only around six cases have been raised. The Equal Opportunities Commission agreed to back the case against Brighton Council, believing it would set a legal precedent on discrimination against transgender people.