Can I ask a question? How do you use case law as a guide for staff in the classroom? Do you mean MF?
No, I mean more generally.
I don't work in education law so I wouldn't know the specific cases (and you'd obviously want an education law specialist to do training), but I mean in terms of addressing how to treat issues involving pupils with protected characteristics that arise in schools.
I was thinking more about the previous question of "when is the school going to focus on the other protected characteristics?", so perhaps looking at examples of disability, race, religion, etc.
I think in this context, though, a discussion that includes confirmation that expressing philosophical beliefs including GC views (from the Maya Forstater case) would be helpful for teachers, as there must surely be schoolkids grassing on "transphobic" sentiment of their peers to teachers, and then teachers having to make a split-second decision on whether or not to treat that perceived transphobia as a disciplinary matter or to reassure the grass that people are entitled to express their views even if you don't agree with them.
Then the kid (or others) will argue that someone got in trouble for using a homophobic slur the other day, so how is that fair? And the teacher needs the facts in order to be able to distinguish between a view that's considered (by the courts) to be incompatible with human dignity and the fundamental rights of others, and views that may be upsetting to others but that the courts say must be tolerated in our society.
It's not right that kids be persecuted for protected characteristics under the equality act, and it's not fair on teachers in the age we're living in not to train them on how to deal with free speech in the classroom (on race, homophobia, trans issues or anything else). They need actual facts in order to apply their professional judgement as to what boundaries to set around acceptable speech in their own classrooms. How can teachers set and enforce clear boundaries for pupil behaviour if the school is telling them to ignore the law and follow Stonewall/similar guidance instead?
Should they ignore the school and follow the law? Or ignore the law and do what management say instead? Without training on the Equality Act, teachers are in an impossible position.
If I were still a teacher, I would be using the Maya Forstater case as a jumping off point to point out that it's a minefield for teachers trying to comply with the Equality Act in the classroom at the moment, and that the BBC documentary Nolan Investigates has highlighted to me the fact that we're clearly not applying the Equality Act correctly but as Stonewall, an understandably biased lobbying charity, have trained schools, regulators and the government to interpret it.
Stonewall and these trainers are trans rights activists, not legal experts, and schools and public bodies shouldn't be ignoring the Equality Act in favour of what these campaigners would like it to say.