Lecturer loses appeal after calling trans student a ‘troublesome trans kid’ and using homophobic slur

A university lecturer who referred to a trans student as a “troublesome trans kid” and used a homophobic slur in class has lost his final attempt to challenge his dismissal.

Russell Cherrington, a senior film studies lecturer at the University of Derby, was dismissed for gross misconduct in April 2024 after students raised concerns about language they described as transphobic, homophobic, misogynistic and ableist.

An Employment Appeal Tribunal (EAT) has now upheld an earlier ruling that found his dismissal was fair, rejecting arguments that his rights to freedom of expression and academic freedom had been breached.

The case arose after students on the university’s Film and High-End TV course raised concerns about Cherrington’s conduct. Four students made formal complaints, leading to an internal investigation.

According to tribunal findings, Cherrington referred to a student who was transitioning as a “troublesome trans kid”. He also admitted telling a student wearing nail polish: “If you had worn that nail polish back in the day, you would have been called a p**f.”

Students also complained about repeated references to women as “females” and comments they considered sexist and demeaning.

The university concluded that the lecturer’s behaviour had created an unsafe learning environment and damaged trust with students.

In the appeal judgment, Mr Justice Cavanagh noted that the university disciplinary panel found Cherrington had engaged in discriminatory behaviour despite receiving relevant training.

The judgment states that the university had concluded there could be no confidence that similar incidents would not happen again if he returned to teaching.

The tribunal also heard that Cherrington lacked insight into the impact of his comments. While he acknowledged making some of the remarks, he argued they had either been jokes or had caused no harm.

Cherrington challenged his dismissal on the grounds that his rights to freedom of speech and academic freedom had not been properly considered. However, the Employment Appeal Tribunal rejected those arguments and found no fault with the earlier decision.

Mr Justice Cavanagh ruled that the original tribunal had been fully aware of the university’s obligations to protect freedom of expression while also maintaining a safe and inclusive learning environment.

“The appeal is dismissed,” he concluded.