Teacher who accessed trans pupil's private data ‘was not unfairly sacked'

Telegraph

25-05-2025

A Christian primary school teacher who accessed confidential safeguarding files of a transgender pupil has lost an employment tribunal for unfair dismissal and religious discrimination.
The teacher, referred to as 'A', was informed in summer 2021 that a child born female – referred to as child X – would be joining her class.
The school, run by Nottinghamshire county council, instructed her to use the child's chosen male name and pronouns as requested by the parents.
In a letter to the headteacher during the summer break, the teacher raised objections, stating: 'I am concerned that I am required to give 'affirmative care' to somebody who may regret it later.
'I am convinced that blanket affirmative care would be very damaging, potentially leading to irreversible physical and mental harm.'
The headteacher replied: 'You are entitled to hold your own personal beliefs and we fully support you in your right to hold those beliefs. However, as those beliefs if acted on could be a direct breach of GDPR and an act of direct discrimination, you must not act on them.'
The pupil was moved to another class in the same year group 'to safeguard him from any potential harm', the school said.
The tribunal heard that the teacher was told she must use the name and pronouns the family requested when interacting with the child. The teacher continued to object, writing that affirming a child's gender identity conflicted with her Christian faith.
She was suspended in September 2021 but reinstated the following month after meetings in which the school reiterated its expectations. The teacher's representative wrote to the school, saying: 'It would go against her conscience, informed by her Christian faith, to affirm a young child in their gender dysphoria.'
The teacher wrote to the headteacher that she believed 'in the truth of the Bible'. She added: 'Sex is a God-given reality which should not be conflated with 'gender identity'. Being male or female is an immutable biological fact.'
During that academic year, the teacher repeatedly accessed the child's safeguarding reports on the school's cloud-based safeguarding solution (CPOMS) system and transcribed them on to her personal computer and a memory stick.
'Fully aware it was wrong'
The tribunal ruled: 'She created no report on the CPOMS system regarding any welfare concerns she might have about child X, either on this occasion or any other later occasion.
'She was fully aware that her use of CPOMS in this manner was unauthorised, and indeed she accepted during cross examination that her access of the CPOMS system was wrong not only on this occasion but on all subsequent occasions.'
During the disciplinary hearing the headteacher said: 'The information is hugely private to the family and is a snapshot – she cannot access all CPOMS so she has not seen all the work being done by the school – and she did not ask.'
Ed Beever, the barrister representing the council, said the teacher had 'gone behind the back' of the school's designated safeguarding lead.
Her claims of unfair dismissal, wrongful dismissal, religious discrimination and harassment related to religion or belief were all rejected by the tribunal.
Employment Judge Peter McTigue said in the ruling published on Friday: 'In short, (A) believed that her opinion 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 including, for example, child X's medical information.
'We also conclude that the restricted reporting order should remain in place indefinitely. In short, the right for X to live a life in their chosen gender identity for the rest of their life prevails,' he added.