The case relates to UCU’s Edinburgh University branch opposing the showing of the film “Adult Human Female” at the university in December 2022. The claimants believed this action subjected them to discrimination and harassment. Employment Judge Laidler, sitting with two side members, concluded the claimants were not treated detrimentally contrary to the Equality Act 2010, and that the claimants were not subjected to harassment contrary to the Act. The tribunal ruled that all claims fail and are dismissed.

In December 2022, UCU’s Edinburgh branch committee had written to the university principal, professor Sir Peter Mathieson, asking the university not to host or facilitate the film screening because it saw the film as an “attack on trans people’s identities and not in line with the (university’s) dignity and respect policy”.

The UCU Edinburgh branch had encouraged members and students to attend alternative events being held by the Staff Pride Network and the Students’ Association. The claimants, who are UCU members, then wrote to the union’s general secretary Jo Grady, asking her to confirm they were entitled to their gender critical beliefs and that UCU does not support preventing the showing of their film.

Ms Grady confirmed that gender critical beliefs are recognised to be legitimate philosophical beliefs protected under the Equality Act. She also noted that UCU members hold many opposing views and that it is not for UCU to stand in the way of members and branches protesting certain expressions of protected beliefs.

The claimants argued that various social media posts pertaining to the film constituted harassment under the Equality Act. This and the other claims of discrimination and harassment were all dismissed by the tribunal.

Mary Senior, Scotland official at 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. 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.”