Academics lose discrimination case over trans-critical film
Two academics have failed in their attempt to sue their union for stopping their trans-critical film from being shown to students at the University of Edinburgh.
Dr Deirdre O'Neill, a lecturer at the University of Hertfordshire, and Michael Wayne, a professor at Brunel University, argued that they suffered unlawful discrimination when the University and College Union (UCU) opposed their film, Adult Human Female, which challenges claims made by trans rights activists.
On Monday, Employment Judge Laidler, sitting with two side members, concluded the claimants were not treated detrimentally contrary to the Equality Act 2010, and were not subjected to harassment.
Mary Senior, a UCU Scotland official, welcomed what she described as 'a sensible and common-sense decision'.
She added: 'I am proud that UCU successfully defended this case in tribunal. 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.'
The tribunal, which was held remotely, heard that in November 2022, Dr O'Neill and Prof Wayne released their film examining claims made by trans rights activists that 'trans women are women and should be treated as women in all legal and social contexts'.
The UCU's branch at the University of Edinburgh wrote to its principal, Prof Sir Peter Mathieson, asking the university not to host or facilitate the film screening, which it regarded as an 'attack on trans people's identities and not in line with the [university's] dignity and respect policy'.
The tribunal was told that the union also published a series of social media posts denouncing the showing of the film, describing it as transphobic hate, and encouraging protests which twice blocked screenings in Edinburgh.
The academics said the UCU's opposition amounted to unlawful discrimination on the basis of their gender-critical belief that there are only two sexes.
Film 'contained misinformation'
At the time, they wrote to Jo Grady, the union's general secretary, asking her to confirm they were entitled to their gender-critical beliefs and that UCU did not support preventing the showing of their film.
Ms Grady confirmed that gender-critical beliefs were recognised to be legitimate philosophical beliefs protected under the Equality Act 2010.
She also noted that UCU members held many opposing views and that it was not for the union to stand in the way of members and branches protesting certain expressions of protected beliefs.
The tribunal noted that UCU Edinburgh was not objecting to the beliefs of the claimants but was protesting against a film which it believed presented misinformation about trans and non-binary people and that was damaging to trans and non-binary staff and students.
Ms Senior added: 'It is welcome to have this positive decision at the start of Pride month, and at a time when trans and non-binary people feel under attack.
'This decision demonstrates that trade unions and others can stand up for trans rights and trans inclusivity, and our union is committed to continuing to promote a more equal and safe world for all people regardless of their gender identity'.
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