AN EDUCATION CHIEF has been found guilty of unacceptable professional conduct for discriminating against a teacher. Philip Morgan sent a secret fax to an employment agency that revealed his colleague was transgender. He also refused for over four years to write a reference. The teacher ‘Ms. A’ cannot be named for legal reasons.

The General Teaching Council for England (GTC) found Mr Morgan guilty of six separate counts of discrimination, six of which he denied. A disciplinary panel said Mr. Morgan had “brought the reputation and standing of the profession into serious disrepute.”

Brighton & Hove City Council employed Mr. Morgan as Education, Training and Employment Manager. In his defence, the former head teacher blamed the City Council for repeatedly advising him to break the law, “… I also accept that I could and should have agreed to provide her with a reference… However, I was still being advised by my employer’s head of personnel… now I am clear this was wrong.”

When Ms. A tried to complain to Mr. Morgan’s bosses about being refused a reference she was prevented. Mr. Morgan told the panel: “I also sought advice from the Council solicitor Ian Yonge about the grievance. I was advised that the statutory grievance procedure did not apply... I was advised not to respond.”

Mr. Morgan’s public divorce from his former employer was confirmed when he told the panel he “would certainly not act in the same way again.” The panel reprimanded Mr. Morgan over his particular job in the City Council, “... given the role he was performing… he should have been aware of the impact of his conduct and the proper course he should have adopted towards a reference for a transgender colleague.”

The GTC decided “in the public interest for a disciplinary order to be imposed” and “to protect colleagues, pupils and the public generally, the Committee consider it is essential for Mr Morgan to undergo formal training.”

The penalty follows an earlier Employment Tribunals’ judgement against Mr Morgan and the City Council of illegal discrimination and victimisation on five counts. His employers did not reprimand Mr. Morgan. Instead the Council defended him, shaming the city’s ‘right-on’ image. They carried on discriminating as a second named liable party in the action. Both were found guilty. To defend damaging threats posed by the City Council to equal rights for transgender people, the Equality & Human Rights Commission funded Ms. A’s representation at the Tribunal.

Brighton MP, David Lepper supports calls for an investigation in the City Council. Questions on the costs, reasons for defending Mr. Morgan and fighting against the Equality Commission have been fudged. Efforts by Ms. A and Mr. Andy Baldwin so far to get answers from Councillors and senior managers have proved fruitless. Council Leader, Mary Mears, stated simply in a letter the Council was acting in “good faith … to protect the position of the Council.”

Mr. Baldwin, Advocate and co-author of the Tribunal cases with Ms. A, commented: “It’s a relief to have the General Teaching Council on our side, protecting everyone and upholding standards. We’re disgusted that Councillors and senior staff have been colluding since 2003, to defend and then cover-up discrimination with public money. The issue of being accepted as a man or a woman relates to basic human rights. The damage and hurt it does to the lives of people like Ms. A is terrible. The people involved must account for their actions and reform, or step down.”

Ends

Contact: Andy Baldwin:

• Email,  a_m_baldwin@hotmail.com

• Web site,
 http://andy-baldwin-experienced-advocate.blogspot.com/

Recent related articles and reports:

• Blog following calls for investigation in Brighton & Hove City Council: -
 http://brighton-council-cover-up-transgender.blogspot.com/

• 14 October 2008, General Teaching Council decision summary online: -
 http://www.gtce.org.uk/standards/hearings/disciplinaries/disciplinary_order_6oct08

• 25 September 2008 ‘CITY Council named and shamed as a discriminatory employer in The Times Educational Supplement’: -
 http://www.gscene.com/blog/2008/09/city-council-named-and-shamed-as.html

• 12 September 2008 ‘Mr or Miss?’ Times Educational Supplement singles out Council as discriminatory employer: -
 http://www.tes.co.uk/article.aspx?storycode=6002373

• Equality and Human Rights Commission report on Tribunal cases against Brighton & hove City Council
 http://www.equalityhumanrights.com/en/yourrights/equalityanddiscrimination/gender/atwork/Transgenderissues/Pages/transsexualismcasedecisions.aspx