pleadings

When does an Employment Tribunal need to consider Human Rights arguments of its own motion? Cherrington v University of Derby [2026] EAT 107 and freedom of speech

11 August 2026 by Lance Baynham

In Cherrington v University of Derby [2026] EAT 107, the Mr Justice Cavanagh in the Employment Appeal Tribunal (“EAT”) held that an Employment Tribunal (“ET”) was not obliged to consider the Appellant’s Article 10 ECHR right to freedom of expression of its own motion when deciding whether or not his dismissal was fair. His right to freedom of expression did not “shout out” from his case, and nor was the ET obliged to consider the ECHR “as a matter of course” in unfair dismissal complaints, or even particular species of unfair dismissal complaints.

This case note briefly sets out the background to the case and the judgment, and then offers some brief comments by way of conclusion. References in square brackets are to paragraphs of the judgment.