Veteran conductor sacked after complaints over his ‘use of pronouns’ and bullying wins unfair dismissal case

A veteran conductor whose student complained about his ‘use of pronouns’ has won an unfair dismissal case after he was sacked following a bullying investigation.

Mark Shanahan had been accused of ‘intimidating, bullying and possibly discriminatory’ behaviour towards young musicians at the National Opera Studio, an employment tribunal heard.

The internationally renowned conductor was told by the studio’s chief executive that ‘we are living in a different world now where people are likely to call out behaviours’, it was heard.

Other staff members and coaches at the studio – established to train ‘the leading artists of their generation’ – also raised complaints about his conduct to the Chief Executive.

Following an investigation, Mr Shanahan – who in the past has been praised for his ‘electrifying’ conducting – was dismissed as his behaviour went against the institution’s code of conduct. 

Now, he has successfully sued the London studio – which values itself for celebrating ‘the multiplicity of talent and individuality of perspectives’ – for unfair dismissal.

But, his compensation will be reduced by 15 per cent after a judge ruled he had ‘contributed to the dismissal by blameworthy conduct’.

A preliminary hearing in south London was told Mr Shanahan began working as Head of Music at the National Opera Studio in 2010 but was dismissed in 2021.

The studio is responsible for the training of approximately twelve singers each academic year and Mr Shanahan was an ‘internationally recognised conductor and coach’, the tribunal heard.

However, the chief executive, Emily Gottlieb, said that over the course of his employment there had been a number of informal complaints about him.

Employment Judge Alison Frazer said: ‘[Ms Gottlieb] formed the view that those complaints formed a pattern of behaviour and that the nature of the behaviour was that it was intimidating, bullying and possibly discriminatory, which was contrary to the organisation’s Code of Conduct and its values as an organisation.’

Ms Gottlieb called a meeting with Mr Shanahan in March 2021 in which she referenced George Floyd and the Me Too movement during the discussion.

Judge Frazer said that minutes of the meeting showed Ms Gottlieb was attempting to tell the conductor, that ‘we are living in a different world now where people are likely to call out behaviours’.

He was also questioned about a prior concern raised over the use of pronouns ‘in respect of a young artist who had just commenced training’.

Mr Shanahan – who was ‘shocked’ at the allegations and denied bullying – told the hearing that the pronoun issue was ‘resolved to the satisfaction of everyone concerned’.

Mr Shanahan began working as Head of Music at the National Opera Studio (pictured) in 2010 but was dismissed in 2021 

During the meeting, Mr Shanahan asked his boss, with whom he was said to have a good relationship, what the possible outcome could be and she suggested he may have to leave.

The tribunal heard she told him: ‘It would be likely be you leaving the organisation but on terms that were more favourable than on you leaving with dismissal and without pay.’

The following weekend, the conductor was suspended and an investigation commenced into ‘complaints that appear to reveal a pattern of what is being perceived as bullying, intimidating, possibly discriminatory behaviour’.

It also explored ‘conduct and behaviour that have the potential to bring the studio into disrepute’.

Following the investigation, Mr Shanahan was dismissed on September 3, 2021 and he launched legal action.

He claims that the decision to investigate him was ‘an effort to manufacture a purportedly fair reason for dismissal’, the hearing was told.

The conductors claims of unfair dismissal have now been upheld following a tribunal in London South.

The London South panel ruled however that his compensation would be ‘subject to reduction’ of 15 per cent to a variety of reasons.

The panel said Mr Shanahan would have likely been dismissed fairly in any event and that he ‘contributed to the dismissal by blameworthy conduct’.

The panel also dismissed his complaint of age discrimination.

The National Opera Studio has trained the likes of Welsh singer Wynne Evans, who plays Gio Compario in Go Compare adverts, and Peter Auty who sang ‘Walking in the Air’ for the 1982 animated film, The Snowman.

Values outlined on its website include placing the individual at the ‘heart of training’ and supporting ‘curious mind and critical thoughts’.

The National Opera Studio has trained the likes of Welsh singer Wynne Evans, who plays Gio Compario in Go Compare adverts

According to the Royal Opera House website the studio ‘plays an essential role at the heart of British opera by providing professional training of the highest quality for singers and répétiteurs who have the potential to become the leading artists of their generation’.

It works with the UK’s leading opera companies – English National Opera, Glyndebourne, Opera North, the Royal Opera House, Scottish Opera and Welsh National Opera – and the intensity of the training programme is ‘designed to create a working environment that closely reflects the professional opera world’.

Mr Shanahan was born in Manchester, where he attended the prestigious Chetham’s School.

He later attended the University of London and studied conducting at the Royal Academy of Music with the Sir Henry Wood Scholarship. 

While still studying at the Royal Academy of Music he won the first prize of the first NAYO Conducting Competition.

He has conducted orchestras around the world in venues including the Royal Festival Hall, Barbican Centre and Royal Albert Hall.

He is a guest professor of conducting at the Royal Academy, guest conductor at the Guildhall School of Music and Drama and a Visiting conducting Fellow at the Royal Northern College of Music in Manchester.