Council Worker Loses Belief Discrimination Claim Over Controversial Email Sign-Off
A council worker who signed off emails with “XYChromosomeGuy/ AdultHumanMale” instead of using preferred pronouns has lost his claim for belief discrimination. Although the judge criticised East Riding of Yorkshire Council’s pronoun policy as “poorly thought through and badly executed,” the tribunal ruled in favor of the council.
Case Background
James Orwin, an ICT project officer for East Riding of Yorkshire Council since 2018, argued that his belief in the immutability of biological sex constituted a valid philosophical belief. However, the tribunal found that his treatment was due to his provocative email sign-off, not his beliefs.
In April 2022, Caroline Lacey, the then chief executive, invited employees to add pronouns to their email signatures. Orwin objected, believing that adding pronouns was a political gesture. He decided to sign off his emails with “(XYChromosomeGuy/ AdultHumanMale)” as a form of protest.
Tribunal Findings
The tribunal acknowledged that Orwin’s belief that biological sex is immutable is a philosophical belief under the Equality Act 2010. However, it found that Orwin’s treatment by the council was due to his refusal to remove the provocative email sign-off, not his belief itself.
Orwin communicated his objections to management but continued to use the controversial sign-off despite being told it was deemed potentially transphobic. The tribunal found that Orwin used the sign-off to mock the council’s policy on gender self-identification.
Council’s Actions and Tribunal’s Decision
The council suspended Orwin in May 2022 for “serious insubordination” due to his refusal to follow management instructions to remove the email sign-off. An investigation found that Orwin had used the policy to raise political issues at work.
The tribunal agreed that the council first introduced the political issue of pronouns but concluded that Orwin’s actions were an act of protest, not a genuine expression of his gender-critical beliefs. Consequently, his claims of direct discrimination, unfair dismissal, and wrongful dismissal were dismissed.
Conclusion
The tribunal concluded that the council’s policy, though poorly executed, aimed to comply with public sector equality duties. It emphasised that Orwin’s refusal to follow reasonable management instructions indicated a breach of his employment contract.
In summary, the case underscores the complexities surrounding workplace policies on pronouns and gender identity, highlighting the importance of clear and thoughtful implementation to avoid conflicts and misunderstandings.
