Russell Cherrington Tribunal Appeal Fails Over Derby University Dismissal

A former University of Derby senior lecturer has lost his legal challenge after a judge rejected the Russell Cherrington tribunal appeal, upholding the institution's decision to dismiss him over comments described as misogynistic, transphobic, and divisive.

Russell Cherrington, who taught film studies on the university's Film and High End TV programme, challenged his April 2024 sacking by invoking Article 10 of the European Convention on Human Rights, arguing that his academic freedom of expression had been unlawfully breached. 

However, Employment Appeal Tribunal Judge Mr Justice Cavanagh dismissed the argument, ruling that human rights conventions do not automatically apply to every unfair dismissal claim and confirming the university acted properly within its legal duties to protect students and staff.

The initial disciplinary investigation began after four students raised formal complaints following poor results in the National Student Survey, leading to Cherrington's suspension in December 2023. 

An internal inquiry concluded that he had engaged in gross misconduct, citing instances where he referred to female students almost exclusively as "females," told a student that her music video lead actress was "not attractive enough for the role," used derogatory language regarding transitioning individuals, and allegedly suggested universities were becoming "care homes for people with disabilities."

Despite Cherrington presenting a list of eight students who could testify to his character and teaching style, the university panel declined to contact them, choosing not to weigh positive accounts against the documented evidence of unprofessional language. 

With the Employment Appeal Tribunal formally rejecting the Russell Cherrington tribunal appeal, the ruling reinforces that freedom of speech protections do not shield higher education staff from workplace disciplinary action when language crosses into gross misconduct.