Kevin Lister is appealing a ruling over his dismissal from New College Swindon after he refused to use a 17-year-old pupil's preferred male name and pronouns. The hearing at the employment appeal tribunal in London is due to finish on Wednesday, with Justice Mansfield overseeing the case.
New College Swindon dismissed Lister in September 2022 for gross misconduct. The Bristol employment tribunal later ruled in 2024 that he was dismissed for expressing his beliefs in an objectionable manner.
New College Swindon dismissal
The dispute centres on what Lister did when asked to refer to the pupil by the chosen name and pronouns. He instead gestured at the student and wrote their birth name on the class whiteboard.
Staff said his conduct amounted to bullying and harassment. The college policy stated students should be referred to by their chosen name and pronouns.
Jude Shepherd and Anna Loufti
At the appeal hearing on Tuesday, Jude Shepherd said Lister raised safeguarding concerns when asked to call the student by their new name. Anna Loufti, representing Lister, said the teacher had been required to socially transition the student.
That clash leaves the appeal focused on whether the dismissal was lawful after the 2024 tribunal finding. The hearing before Justice Mansfield is due to conclude on Wednesday, and the appeal court's decision will determine whether the earlier ruling stands.
Lister's X posts
Before the dismissal, Lister posted on X, saying, “I am not going to call my #transgender students by their preferred name.” He also wrote, “To do so [is to] support them killing the person they were.”
He added, “To call them by their preferred name is like telling a potential #suicide victim to jump off a cliff.” Those comments sit at the centre of the dispute now being tested again in London.
