Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
A senior film studies lecturer at the University of Derby has exhausted his legal options after the Employment Appeal Tribunal (EAT) dismissed his challenge against dismissal for gross misconduct, upholding findings that his language toward students was misogynistic, transphobic, homophobic and ableist. Russell Cherrington, who taught on the university's Film and High End TV programme, was sacked in April 2024 following complaints from four students, and has now lost his appeal before the EAT in a case that has sharpened the long-running debate over where academic freedom ends and workplace misconduct begins.
The case dates back to late 2023, when concerns about Cherrington's conduct first emerged after the Film and High End TV course recorded poor results in the National Student Survey. Students were invited to a meeting to discuss their concerns, where several complaints were made about the lecturer's language, prompting an investigation. Cherrington was suspended on December 18, 2023, and a 2024 investigation found several instances of what the university classed as gross misconduct. Despite what the tribunal accepted was a previously unblemished disciplinary record, he was dismissed in April 2024 over what the university found to be inappropriate and unprofessional language.
According to the employment tribunal's findings, Cherrington "only, or almost exclusively, referred to women in the class as 'females'" – a pattern of speech the tribunal deemed misogynistic. He did not deny using the term, explaining that he used it because he did not know the students' names. The tribunal also heard that he described the lead actress in a student's music video as "not attractive enough for the role", a remark he said he did not believe was harmful. Cherrington did not dispute telling a student: "If you had worn that nail polish back in the day, you would have been called a p**f." He was further accused of using transphobic language by referring to a student who was transitioning as a "troublesome trans kid" – a remark he denied making, though he told the tribunal he had used the example of a transitioning student to illustrate that he would support any student regardless of background. He also rejected allegations that he was ableist after he allegedly said universities were "becoming a care home for people with disabilities."
At the disciplinary hearing, Cherrington submitted a list of eight students whom he said could speak to his teaching and how he treated students. However, they were not contacted because the professor leading 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 unsuccessfully challenging his dismissal before an employment tribunal in Nottingham in March 2025, which ruled his unfair dismissal case "not well founded," Cherrington appealed to the Employment Appeal Tribunal, 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 and by his academic freedom.
But EAT 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 free speech arguments, the judge said: "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 judge noted that the professor heading the university disciplinary panel found that "despite having received relevant training, Mr Cherrington had engaged in behaviour towards the students that was discriminatory, and created an unsafe learning environment, and there could be no confidence that the behaviour would not be repeated." He had recommended dismissal due to Cherrington's "lack of insight into his actions," concluding that there was no confidence that the lecturer could return to his role without the risk of further incidents occurring.
The case arrives amid intense scrutiny of speech on British campuses. The Higher Education (Freedom of Speech) Act 2023 received Royal Assent in May 2023, but its rollout was paused by the Labour government in July 2024 before key provisions took effect on August 1, 2025, with a dedicated Office for Students (OfS) complaints scheme due from autumn 2026. That regulatory drive suffered a setback in April 2026, when the High Court quashed a £585,000 fine imposed on the University of Sussex over policies linked to the departure of gender-critical philosopher Kathleen Stock, with Mrs Justice Lieven finding the regulator had approached the matter with "a closed mind" and acted with bias.
Taken together, the rulings underline how unsettled the terrain remains. While regulators face limits when policing institutional policy, the Cherrington decision signals that individual staff conduct judged discriminatory can still justify dismissal, even where a worker invokes free expression. The EAT stressed that its finding turned on established unfair dismissal principles rather than a blanket human rights guarantee. For Cherrington, who has run out of legal options, the case serves as a stark reminder that the right to freedom of speech, even in an academic context, does not offer blanket protection against the consequences of language found to be discriminatory, offensive, and in violation of workplace conduct standards. The University of Derby has maintained that its decision to dismiss Cherrington was necessary to protect students and uphold its duty to provide a safe, inclusive learning environment.
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