Gender-critical documentary makers take UCU to tribunal

Two academic filmmakers are taking their union to an employment tribunal, arguing that it treated them unfairly because of their gender-critical beliefs.

Deirdre O’Neill and Michael Wayne faced a backlash from campaigners amid claims that their 2022 film Adult Human Female was “transphobic”. It defines sex as being determined by biology and claims that women’s rights have been damaged by the trans movement.

Screenings at the University of Edinburgh were cancelled in December that year and again in April 2023 following protests by LGBTQ+ groups and the local branch of the University and College Union (UCU), which called the film a “clear attack on trans people’s identities” and claimed that it violated the institution’s “respect” policy. On both occasions protesters were reported to have blocked entrances to the lecture theatre where the screening was due to take place.

Now O’Neill and Wayne, who are academics at the University of Hertfordshire and Brunel University of London respectively – have lodged a tribunal claim against UCU.

At the hearing, due to get under way on 31 March, they are expected to argue that the union treated them detrimentally due to their philosophical beliefs about sex and gender.

They told Times Higher Education that this was in “strong contrast” to how the union treats members with different views, adding that they had written to UCU general secretary Jo Grady asking whether it was possible to be “gender-critical” in the union and had received a letter in response defending the Edinburgh branch’s actions.

UCU’s trans’ rights policy states that the union “supports trans rights” and that “debating trans gender identity puts trans people’s being into question and creates fear and distress”. 

However, Wayne argued that holding gender-critical beliefs was not grounds to be treated “detrimentally”.

“Our case is simply that the union treated us detrimentally because of our philosophically held beliefs around sex and gender. They can’t do that, and they should be held accountable,” he said.

Tribunals against unions are unusual but Ian Jones, principal solicitor at Spencer Shaw, told THE that “the claimants are making a claim that while not common, they are perfectly entitled to make”.

What can universities do to protect academic freedom?

Edinburgh’s UCU branch previously claimed that “free speech [and] academic freedom” were being used to “justify questioning the validity or the rights of people with marginalised identities”.

Opposing the film screening, the branch said: “This event represents an echo chamber of one specific viewpoint that is very clearly a vilification of trans people, questioning their right to exist, under the guise of academic freedom.

“That the event is hosted at the University of Edinburgh only adds to this veneer of credibility as it appears our esteemed institution endorses these hateful views.”

The film was eventually shown at Edinburgh in November 2023.

This is not the first time that UCU has faced controversy over its stance on trans rights, with the Edinburgh branch also seeking the cancellation of the 2023 launch of a book including contributions from gender-critical writers such as former University of Sussex philosopher Kathleen Stock.

Stock had herself claimed that a statement put out by the Sussex UCU branch urging action against “transphobia” on campus had “end[ed] her career” at the institution, while more recently the union’s national executive committee attracted criticism after adopting a motion condemning the Cass Review into gender identity services for young people.

In 2022 UCU was forced to pull a congress motion urging the union to “oppose ‘gender critics’ and transphobes promoting ‘gender ideology’” after being warned that it was likely to breach equality legislation.

But the union said that it would be contesting the tribunal claim from O’Neill and Wayne.

“UCU is defending this case in full,” a spokesperson said. “The case relates to our members’ rights to protest and express their views freely.

“We will not be commenting further until the outcome of the tribunal hearing has been decided.”

O’Neill and Wayne have funded their tribunal costs through a crowdfunding campaign, which has raised £55,000 to date. 

juliette.rowsell@timeshighereducation.com