Gender-critical council worker loses unfair dismissal case

Background

Mr J Orwin v East Riding of Yorkshire Council

In April 2022, the chief executive at East Riding of Yorkshire Council invited employees to include their pronouns to their email signatures. 

The council had introduced a policy encouraging the use of pronouns as part of its commitment to inclusivity and respect for diverse gender identities.

James Orwin, an IT project officer, objected to this policy due to his beliefs about gender identity and language. He expressed that he felt the use of pronouns was an imposition of political views that he did not share. He also felt that there was pressure to conform to the practice of including pronouns, which he viewed as an infringement on personal freedom or choice. 

In response to this, Orwin began to sign off his emails with “XYChromosomeGuy/AdultHuman Male”.  This was interpreted as a retaliation and James was asked to cease signing of his emails with this ‘pronoun’. He refused to stop, claiming that he was being discriminated against. This led to his suspension and eventual dismissal. James brought claims for direct discrimination, unfair dismissal and wrongful dismissal.

Tribunal decision

The tribunal, while recognising Orwin’s belief in immutable biological sex as valid, found that his treatment was due to his refusal to comply with instructions, not his beliefs. It was held that the council's instruction to remove the email footer was a reasonable management directive and that Orwin was suspended and ultimately dismissed for non-compliance. The Employment Judge criticised the council's policy on pronouns as "poorly thought through and badly executed” but concluded that Orwin’s provocative actions were intended as a protest, not a genuine expression of belief. His claims for direct discrimination, unfair dismissal and wrongful dismissal were dismissed.

Commentary

This case highlights the need to balance personal beliefs with professional conduct. Employees must be mindful of expressing beliefs in ways that may be seen as provocative as this can impact work relationships and job security. Open and respectful communication with management about concerns or disagreements can often lead to better outcomes than confrontational approaches. 

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