Academics ‘branded transphobic' by own union have discrimination claims rejected

Independent

2 days ago

Two academics who sued their own union for branding them 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 (UCU) which condemned a film as an attack on trans identity.
The union welcomed the tribunal's ruling as a 'sensible and common-sense decision'.
Protesters, including some in 'balaclavas', 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 the 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 Jean 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, Dr O'Neill insisted there there was 'no hate in the film'.
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', the tribunal, held remotely, heard.
When UCU's Edinburgh branch became aware of a planned screening at the university in December 2022, a letter was sent to principal Peter Mathieson, demanding that the screening be halted.
The union also launched a series of social media posts denouncing the screening, describing it as transphobic hate, and encouraging protests.
On the day of the screening, protesters, including students, blocked the entrance to the venue as well as a back-up venue.
Between 100 and 150 people who had arrived to watch the film were stopped from doing so, the tribunal heard.
UCU Edinburgh branch president Grant Buttars later published an article describing the 'victory' of having blocked the screening, the tribunal was told.
When the screening was rearranged for April 2023, it was again blocked by protesters, who shouted insults at those trying to attend.
The screening was eventually able to go ahead in November 2023, but Dr O'Neill said the university had to bring in extra security for the event.
Women who wanted to go to the toilet during the screening had to be 'escorted by security' for their own safety, the tribunal heard.
Defending the film, Dr O'Neill told the tribunal it was 'very important to hear both sides of the argument'.
Responding to the tribunal's decision, Mary Senior, Scotland official UCU, said: 'This is a sensible and common-sense decision, and we thank Judge Laidler and the tribunal for their careful deliberations.
'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.
'As a trade union we are a broad church and we have members with a wide range of diverse views and beliefs on a whole host of issues.
'Our diversity is our strength.
'The Tribunal very carefully noted that UCU Edinburgh was not objecting to the beliefs of the claimants, who are also UCU members, they were 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.
'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.'