1 day ago
13
Two academics who sued their own union after being called transphobic have had their discrimination claims rejected by an employment tribunal.
Dr Deirdre O’Neill, a lecturer at Hertfordshire University, and Michael Wayne, a professor at Brunel University, were criticised by the University and College Union over a film they had directed, Adult Human Female, which UCU said was an attack on trans identity.
On Tuesday, the union welcomed the tribunal’s ruling as a “sensible and commonsense decision”.
Protesters twice blocked screenings of Adult Human Female at the University of Edinburgh and “hurled insults at those trying to attend”, documents presented to the tribunal said.
The academics said UCU’s public opposition to them amounted to unlawful discrimination on grounds of their gender-critical belief that there are only two sexes.
But rejecting their claims, employment judge Laidler said the union had been “entitled” to act as it did.
“The role of this tribunal is only to determine the legal issues before it and not to enter the debate on gender,” she said in a 52-page judgment.
“The reason why the UCU acted as it did was because it believed that other members of its union would be offended by some of the content in the film and could be put at risk and that, under its policies, the union was entitled and indeed required to protect them as best it could.”
The academics claimed that by describing the film as transphobic, the union was by extension describing them in the same way. The judge said it was “a fine line”, but accepted that the film was a “manifestation” of their beliefs.
Giving evidence earlier this year, O’Neill said there was “no hate in the film”.
The tribunal, held remotely, heard that in November 2022 the pair released Adult Human Female, which examined claims made by trans rights activists that “trans women are women and should be treated as women in all legal and social contexts”.
When UCU’s Edinburgh branch became aware of a planned screening at the university in December 2022, a letter was sent to the principal, Peter Mathieson, demanding that the screening be halted.
The union also denounced the screening in numerous social media posts, describing it as transphobic hate, and encouraged protests.
On the day of the screening, protesters, including students, blocked the entrance to the venue as well as a backup venue. Between 100 and 150 people who had arrived to watch the film were stopped from doing so, the tribunal heard.
The UCU Edinburgh branch president, Grant Buttars, later published an article describing the “victory” of having blocked the screening, the tribunal was told.
When it was rearranged for April 2023, it was again blocked by protesters, who shouted insults at those trying to attend. The screening went ahead in November 2023 but O’Neill said the university had to bring in extra security for the event.
Defending the film, O’Neill told the tribunal it was “very important to hear both sides of the argument”.
Mary Senior, Scotland official UCU, said: “This is a sensible and commonsense decision, and we thank Judge Laidler and the tribunal for their careful deliberations.”
Senior added: “It cannot be right that a trade union is not able to protest peacefully within the law and to employers when material is presented on campus which it believes attacks the human rights of others.”
