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Ex‑Derby Lecturer Loses Appeal Over Dismissal for Misogynistic and Transphobic Remarks

A judge ruled that free‑speech protections do not automatically override a university’s duty to protect students from discriminatory conduct.

Overview

  • The Employment Appeal Tribunal dismissed Russell Cherrington’s appeal this Thursday, leaving the University of Derby’s April 2024 dismissal for gross misconduct in place.
  • Four students complained after 2023 classes that Cherrington used misogynistic, transphobic and ableist language, prompting an investigation following poor course feedback in the National Student Survey.
  • Tribunal records include specific allegations such as calling women ‘females,’ joking a student would once have been called a homophobic slur, and referring to a transitioning student as a 'troublesome trans kid'.
  • A university disciplinary panel found Cherrington had created an unsafe learning environment and showed a lack of insight despite training, which led the panel to recommend dismissal.
  • The appeal judgment underscores that Article 10 human‑rights arguments on academic freedom are not automatically decisive in employment cases and tribunals are not required to raise them on their own motion, a point that could shape how universities handle future misconduct claims.