A University of Derby senior film studies lecturer, Russell Cherrington, has lost an employment tribunal appeal against his dismissal for gross misconduct. The dismissal followed complaints from four students in 2023 regarding his use of alleged misogynistic, transphobic, and divisive language during classes. Cherrington was sacked in April 2024 for his "inappropriate and unprofessional language."
The case reached the Employment Appeal Tribunal (EAT) after Cherrington argued that his human right to "academic freedom of expression" and UK employment rights concerning freedom of speech had been violated. However, EAT judge Mr. Justice Cavanagh ruled against him, upholding the lower tribunal's decision.
During classes, Cherrington allegedly referred to women as "females" almost exclusively, described a music video's lead actress as "not attractive enough for the role," and called a transitioning student a "troublesome trans kid." He was also accused of ableist language, reportedly stating that universities were "becoming a care home for people with disabilities." Additionally, he allegedly told a student, "If you had worn that nail polish back in the day, you would have been called a p**f."
The tribunal heard that the university's disciplinary panel found Cherrington's behavior to be discriminatory and to have created an unsafe learning environment. The professor leading the panel noted Cherrington's "lack of insight into his actions" and expressed no confidence that he could return to his role without further incidents.
Cherrington had provided a list of eight students who he claimed could speak to his teaching, but the university did not contact them, as the panel professor did not believe they should be weighed against the allegations of inappropriate language. The tribunal findings stated that Cherrington used misogynistic and divisive language, acknowledged using misogynistic feedback about an actress's attractiveness, and admitted to using the homophobic remark as a joke.
Cherrington's appeal also contended that the tribunal should have considered Article 10 of the European Convention on Human Rights, which protects academic freedom of expression, even though he had not raised it in his evidence. Mr. Justice Cavanagh stated that tribunals are not required to consider the Human Rights Convention as a matter of course in every unfair dismissal case and that the issue had not been prominent in Cherrington's case papers. The appeal was dismissed in its entirety.