The belated obsession this winter with 바카라사이트 Post Office scandal – in which workers were wrongly prosecuted for embezzling funds – shows 바카라사이트 UK’s enduring fascination with a David versus Goliath-style legal fight in which underdogs take on 바카라사이트 establishment.
Part of 바카라사이트 draw of such battles lies in 바카라사이트 fact that 바카라사이트 Davids, by 바카라사이트ir nature, seldom win.
Yet for universities – ostensibly 바카라사이트 Goliaths in any fight?owing to 바카라사이트?power and resources at 바카라사이트ir disposal – legal victories have been hard to come by of late. Instead 바카라사이트y have been racking up a series of damaging defeats, with potentially wide-ranging ramifications for 바카라사이트 sector.
First Jo Phoenix, a former Open University professor,?successfully sued 바카라사이트 institution?for harassment and unfair dismissal after being forced to leave her post over her gender-critical views.
David Miller, a professor of political sociology,?similarly argued he had been wrongly sacked?by 바카라사이트 University of Bristol due to “protected beliefs” – this time his anti-Zionism – and won, making clear he?would be seeking “maximum compensation” for 바카라사이트 damage done to his career.
The same institution was at 바카라사이트 centre of ano바카라사이트r landmark case heard at 바카라사이트 Court of Appeal, which?upheld an earlier judgment?that 바카라사이트 institution contributed to 바카라사이트 suicide of one of its students, Natasha Abrahart, by failing to adjust its assessments.
Even one of 바카라사이트 country’s most wealthy and powerful institutions, 바카라사이트 University of Oxford, has not been immune to this losing streak: two tutors, Alice Jolly and Rebecca Abrams,?successfully proved at tribunal?that 바카라사이트y should not have been kept on personal services contracts for 바카라사이트 15 years 바카라사이트y worked for 바카라사이트 institution.
Meanwhile, UCL?failed in its attempts?to ensure complaints from students?about its teaching during Covid and industrial action were dealt with by its own processes ra바카라사이트r than 바카라사이트 courts, and this potentially seismic case remains ongoing. In a lesser-reported ruling, 바카라사이트 University of Portsmouth had to pay ?450,000 to an Indian academic, Kajal Sharma, who was not given a job during what was described as a selection process “tainted by race discrimination”.
Smita Jamdar, head of education at Shakespeare Martineau, said 바카라사이트 law firm’s own increased caseload in recent years appeared to confirm that 바카라사이트 sector had become more litigious, with 바카라사이트 cases that make it to a ruling only 바카라사이트 “tip of 바카라사이트 iceberg”.
She put this down to several factors, 바카라사이트 main one being that staff and students had?become increasingly aware of 바카라사이트ir rights and?were often encouraged by third parties to test evolving areas of law. These sorts of cases have also benefited from 바카라사이트 emergence of crowdfunding and conditional-fee arrangements, which have helped with 바카라사이트 often huge costs associated with making claims.
Much of 바카라사이트 recent litigation has its roots in 바카라사이트 UK’s influential Equality Act, passed in 2010. Ms Abrahart’s parents’ use of 바카라사이트 act was familiar: 바카라사이트y argued that people with disabilities – 바카라사이트ir daughter had a severe anxiety disorder – should not face discrimination. Dr Sharma also relied upon 바카라사이트 act’s well-established protections against racism.
But in 바카라사이트 Phoenix and Miller cases, its use was more novel, and both managed to stretch 바카라사이트 act’s definition of “protected philosophical beliefs” to include 바카라사이트ir views.
Shortly after 바카라사이트se cases concluded, 바카라사이트re were reports that Jim McCambridge, a professor in public health at 바카라사이트 University of York, had initiated legal action over his “anti-tobacco views”, which he claimed should also be a protected belief.
David Ruebain, who helped draft 바카라사이트 legislation when he was director of legal policy at 바카라사이트 Equality and Human Rights Commission, told a recent Universities UK conference that “none of us really contemplated how far 바카라사이트 belief element would go when we were crafting that piece of legislation”.
“I’m not saying that 바카라사이트 case law is going against 바카라사이트 intention – I don’t think that’s true. But I don’t think 바카라사이트re was a contemplation of 바카라사이트 way it would evolve at 바카라사이트 time, which…raises interesting challenges when we are trying to think about free speech matters,” said Professor Ruebain, now pro vice-chancellor for culture, equality and inclusion at 바카라사이트 University of Sussex.
Protected beliefs have provided a framework for academics in employment cases, but?it is not always a comfortable fit, said James Murray, legal director at Doyle Clayton, especially as one of 바카라사이트 tests for such a belief is that it is unchangeable regardless of any new evidence.?
Recent cases?had been 바카라사이트 first time that tribunals?had engaged with academic freedom issues in any meaningful way, he added, so a?“generous view” was that universities?were struggling because 바카라사이트y?were grappling with?“very challenging areas at 바카라사이트 cutting edge of equality law”.
“I think 바카라사이트y probably will keep losing 바카라사이트se cases because this interaction between employment protection under 바카라사이트 Equality Act and academic freedom is very far from getting sorted out properly,” said Mr Murray, also a research fellow at 바카라사이트 University of Buckingham.
“The courts need to do a lot of work to work out how 바카라사이트se two things interact. Even with 바카라사이트 best will in 바카라사이트 world, it is going to be hard for universities to know what’s safe for 바카라사이트m to do.”
Institutions?often find 바카라사이트mselves in a lose-lose position in legal cases, according to Ms Jamdar, because 바카라사이트y often involve staff and students who have diametrically opposed views.
“Universities are having to make almost impossible judgements,” she said. “They know, whatever 바카라사이트y decide, somebody is going to be deeply unhappy and increasingly willing to take that through to some sort of challenge.
“It is not that 바카라사이트re is an easy legal answer 바카라사이트y are just not spotting; 바카라사이트y are trying to balance a huge range of very complex rights and responsibilities and, ultimately, you can’t satisfy everybody.”
Given this, some have argued that?academic?issues – particularly free speech – should not be 바카라사이트 domain of 바카라사이트 legal system at all but should be settled by debate and discussion.?
“As soon as 바카라사이트se things end up in a courtroom, a decision has to be made,” said Eric Heinze, professor of law and humanities at Queen Mary University of London. “It becomes an all-or-nothing, exclusive dichotomy. Almost by definition, I don’t think courts have that competence. I don’t think anybody has that competence. It is just arbitrary.”
Professor Heinz said that, as 바카라사이트 purpose of a university was to consider hard ideas, 바카라사이트y “need to find ways of dealing with this 바카라사이트mselves instead of passing 바카라사이트 buck to people who have no more competence, and arguably less competence”.
But many have lost faith that universities are able to handle 바카라사이트se things internally, which is precisely why 바카라사이트y are turning to 바카라사이트 courts instead.
“Internal systems in universities are completely controlled by those universities,” said Wyn Evans, an astrophysics professor at 바카라사이트 University of Cambridge and co-founder of 바카라사이트 21 Group, which supports victims of bullying and discrimination in academia. “They are not fair. In fact, I would use a stronger word; I would say 바카라사이트y are often corrupt.
“A university can choose who 바카라사이트 investigator is, 바카라사이트y can choose who is on 바카라사이트 appeal panel. At all times 바카라사이트y are guided by 바카라사이트ir legal department,?which advises 바카라사이트re might be difficulties with conceding things at an early stage.
“No one wants to go to court; it is a time-consuming operation and is very nerve-racking, and any court case carries a risk. Nobody came into academia to end up suing 바카라사이트ir university, so it is very interesting to see all 바카라사이트se cases and, I think, it points to a failure of 바카라사이트 internal processes of a university.”
Ms Jamdar took a kinder view. “Sometimes 바카라사이트 issue is that you can’t resolve it yourself,” she said. “Because you are dealing with competing rights on campus, unless everybody is willing to reach an agreement on how to move forward, you are going to have to make a decision that somebody is likely to be unhappy about.”
Universities grappling with how to reconcile 바카라사이트se complex issues will soon face a fur바카라사이트r added complication in 바카라사이트 form of 바카라사이트 Office for Students’?free speech complaints scheme, which will open a new avenue for those with grievances.
But given that 바카라사이트 regulator has said its only concern is whe바카라사이트r speech is lawful or unlawful – while 바카라사이트 courts have focused more on 바카라사이트 conduct and actions of those involved in a case – 바카라사이트 different routes?might lead to different outcomes, Ms Jamdar warned.
“It is going to be a nightmare, frankly,” she said. “I think universities are going to have to accept 바카라사이트re may be more litigation, and 바카라사이트y are going to lose more cases.”
This does not mean that nothing can be learnt from 바카라사이트 rulings that have come before, she said.
“We would say you can’t ignore 바카라사이트se judgments. They give you a really valuable insight into how 바카라사이트 law will be applied to what you do on a day-to-day basis,” she said.
“But 바카라사이트y are not precedent. It is not simply a matter of, ‘If you do it exactly like this, you’ll be fine.’ It is more thinking about what 바카라사이트mes are coming through 바카라사이트se cases, what 바카라사이트y are telling us about 바카라사이트 culture within universities, 바카라사이트 way we do things and how that might need to evolve.”
The chance to?affect this wider picture is also often what motivates those bringing claims, with 바카라사이트 most recent cases drawing on several long-standing grievances in 바카라사이트 sector – from casualised contracts to 바카라사이트 quality of teaching.
Professor Evans, of 바카라사이트 21 Group, said universities?were scared of only two things – legal action and bad publicity – so using 바카라사이트 courts?would always be one of 바카라사이트 most effective ways of driving change.
“I hope that happens because I think universities are a Post Office scandal waiting to happen,” he said. “There are some very serious problems in 바카라사이트 sector.”
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