Claimant v University and College Union
Outcome
Individual claims
The tribunal found that the claimants were not subjected to detriment within the meaning of s.57 Equality Act 2010. The respondent's actions were objectively justified under the Page and Higgs principles as a response to the manner of manifestation of the claimants' beliefs, not the beliefs themselves. The respondent was entitled to raise concerns about the impact on trans members' rights.
Section 57 Equality Act 2010 prohibits harassment 'in relation to membership' of the trade union. The tribunal found that nothing occurred in relation to the claimants' membership—they remained members throughout. The claimants were not members of the Edinburgh branch. The unwanted conduct was not related to their membership status.
Facts
The claimants, both university academics and long-standing union members, directed a documentary film called 'Adult Human Female' which addressed gender identity issues from a gender-critical perspective. The respondent union's Edinburgh branch opposed a screening of the film at the University of Edinburgh, writing to the Principal calling for the venue to be withdrawn and tweeting about the event being 'transphobic'. The claimants, who were not members of the Edinburgh branch and did not work at that university, brought claims of direct discrimination and harassment based on their gender-critical beliefs.
Decision
The tribunal dismissed all claims. It found that the claimants were not subjected to detriment or harassment within the meaning of s.57 Equality Act 2010. Applying Page and Higgs, the tribunal held that even if there was treatment related to the claimants' beliefs, the respondent was objectively justified in its response to the manner in which those beliefs were manifested through the film's promotional material. The harassment claim failed because s.57 protects against harassment 'in relation to membership' and nothing occurred affecting the claimants' trade union membership status.
Practical note
A trade union's opposition to the manner of manifestation of protected gender-critical beliefs (through promotional material for a film screening) may be objectively justified where it seeks to protect the rights of trans members, and does not constitute s.57 discrimination or harassment where the complainants' trade union membership is unaffected.
Legal authorities cited
Statutes
Case details
- Case number
- 3309730/2023
- Decision date
- 30 May 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister