A senior lecturer at the University of Derby, Russell Cherrington, has lost his appeal against his dismissal after the Employment Appeal Tribunal upheld the university’s decision to terminate his appointment over comments found to be misogynistic, transphobic, and unprofessional.
Cherrington, who taught Film Studies at the university, had argued that his remarks were protected under Article 10 of the European Convention on Human Rights, which guarantees freedom of expression.
The case arose after four students on the university’s Film and High-End TV programme lodged complaints about his conduct. According to tribunal proceedings, the complaints came to light following poor results recorded by the programme in the National Student Survey.
The lecturer was suspended on 18 December 2023, and an internal investigation conducted in 2024 concluded that he had committed multiple acts of gross misconduct.
The tribunal found that Cherrington repeatedly referred to women in his classes as “females”, a practice it described as misogynistic because he “only, or almost exclusively, referred to women in the class as ‘females’.”
He was also criticised for describing the lead actress in a student’s music video as “not attractive enough for the role.”
Cherrington admitted referring to female students as “females”, explaining that he did so because he did not know their names. He also maintained that his comments about the actress were not harmful.
The tribunal further heard that he 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 referring to a student undergoing gender transition as a “troublesome trans kid”. Cherrington denied making the remark, stating that he had merely used the example of a transitioning student to illustrate that he would support students regardless of their background.
The lecturer also rejected allegations that he made ableist remarks after he allegedly commented that universities were “becoming a care home for people with disabilities.”
Despite acknowledging his previously unblemished disciplinary record, the University of Derby dismissed Cherrington in April 2024, concluding that he had used inappropriate and unprofessional language.
During the disciplinary process, Cherrington submitted a list of eight students who, he said, could attest to his teaching and treatment of students. However, the disciplinary panel did not contact them, deciding that positive testimonials would not outweigh the allegations under consideration.
After an Employment Tribunal rejected his unfair dismissal claim in May, Cherrington appealed, arguing that the university had infringed upon his academic freedom and freedom of expression.
Dismissing the appeal, Employment Appeal Tribunal Judge Mr Justice Cavanagh ruled that the European Convention on Human Rights does not automatically have to be considered in every unfair dismissal case.
“The 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 judge said.
“The Employment Tribunal was plainly well aware that the university had a duty to promote and protect freedom of speech for university employees.
“The appeal is dismissed.”
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