NEWS
University Lecturer Loses Appeal After Tribunal Upholds Dismissal Over Alleged Misogynistic and Transphobic Remarks
…as lecturer loses appeal after being sacked for calling women ‘females’
A senior lecturer at the University of Derby, Russell Cherrington, has lost his appeal against his dismissal after an employment tribunal upheld the university’s decision to sack him over language described as “misogynistic”, “transphobic” and “divisive.”
Cherrington, who taught film studies at the university, had challenged his dismissal, arguing that his comments were protected under his right to freedom of expression as enshrined in Article 10 of the European Convention on Human Rights.
According to GB News on Thursday, the controversy began after four students lodged complaints about his conduct while teaching on the university’s Film and High End TV programme. The tribunal heard that the complaints surfaced after the course recorded poor results in the National Student Survey, prompting the university to examine concerns raised by students.
The lecturer was suspended on December 18, 2023, before a detailed investigation carried out in 2024 found several instances of what was described as “gross misconduct.”
According to the tribunal’s findings, Cherrington was considered misogynistic because he “only, or almost exclusively, referred to women in the class as ‘females’.”
The tribunal also found that he used “misogynistic” language while assessing a student’s music video after describing the lead actress as “not attractive enough for the role.”
Cherrington did not deny referring to female students as “females”, explaining that he used the term because he did not know their names. He also maintained that he did not believe describing the actress as not being attractive enough for the role was harmful.
The tribunal further heard that Cherrington did not deny telling a student, “If you had worn that nail polish back in the day, you would have been called a p**f.”
He was also accused of using “transphobic” language by referring to “a student who was transitioning as a ‘troublesome trans kid’.”
While Cherrington denied making that particular remark, he told the tribunal that he had used the example of a transitioning student to demonstrate that he would support any student regardless of their background.
The lecturer also rejected allegations that he was “ableist” after he allegedly remarked that universities were “becoming a care home for people with disabilities.”
Despite what the tribunal described as a “previously unblemished disciplinary record”, the University of Derby dismissed Cherrington in April 2024 over what it concluded was “inappropriate and unprofessional language.”
During the disciplinary hearing, Cherrington submitted a list of eight students whom he said could “speak to his teaching and how he treated students.”
However, those students were not contacted because the professor chairing the disciplinary panel “did not consider that he should weigh what might have been positive accounts of the appellant against the allegations of inappropriate and unprofessional language.”
After failing to overturn his dismissal before an employment tribunal in May, Cherrington took his case to the Employment Appeal Tribunal, insisting that his “academic freedom of expression” had been violated.
However, Employment Appeal Tribunal Judge Mr Justice Cavanagh dismissed the appeal, ruling that the European Convention on Human Rights does not “as a matter of course” have to be considered in every unfair dismissal case.
Rejecting Cherrington’s argument that his dismissal breached his right to free speech, the judge stated:
“The ET [employment tribunal] considered whether the appellant’s dismissal was in breach of the university’s freedom of speech obligations and decided that it was not.
“The ET was plainly well aware that the university had a duty to promote and protect freedom of speech for university employees.
“The appeal is dismissed.”
The ruling brings the lengthy legal battle to an end, with the tribunal affirming that the University of Derby acted within its disciplinary powers in dismissing the lecturer over findings relating to his conduct and language in the classroom.