James Orwin, an ICT project officer for East Riding of Yorkshire Council since 2018, faced disciplinary action for using a provocative email sign-off “XYChromosomeGuy/AdultHumanMale” instead of traditional pronouns. This case revolved around his claim of belief discrimination after he was instructed to remove the sign-off.
In April 2022, Caroline Lacey, the then-chief executive, invited employees to add preferred pronouns to their email signatures. This was presented as a voluntary action, aiming to promote inclusivity and support gender self-identification. The guidance provided by the council suggested options like “she/her”, “he/him”, “they/their”, and “ze/hir”, but allowed employees to create their own pronouns if they preferred.
Orwin, holding gender-critical beliefs that biological sex is immutable and viewing gender as a social construct, found the council’s policy problematic. He argued that the initiative was a political gesture intimidating those who disagreed with the concept of gender identity. In response, he chose the sign-off “XYChromosomeGuy/AdultHumanMale” to challenge what he saw as a poorly executed policy.
The tribunal acknowledged that Orwin’s belief in the immutability of biological sex was a valid philosophical belief under the Equality Act 2010. However, they concluded that his treatment by the council was due to his refusal to comply with management instructions, not his beliefs. Orwin’s use of the provocative sign-off was seen as an act of protest rather than a genuine expression of his identity.
Despite Orwin’s claims, the council maintained that employees were free to choose their pronouns but needed to adhere to professional and respectful communication standards. After repeated warnings to remove the sign-off, Orwin continued to use it, leading to his suspension for serious insubordination. The tribunal found that Orwin was not compelled to use preferred pronouns and had been provided reasonable alternatives, making his claims of discrimination unfounded.
The tribunal dismissed Orwin’s claims of direct discrimination, unfair dismissal, and wrongful dismissal. The judgment highlighted the council’s flawed implementation of the pronoun policy but ultimately supported the council’s actions as consistent with their public sector equality duty. Orwin’s persistent refusal to follow reasonable management instructions indicated a fundamental breach of his employment contract.
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This summary is based on an article by Rob Moss, published on Personnel Today. The original article can be accessed here.
Source: https://zapier.com/
Original title: Council Worker Loses Case Over Gender-Critical Email Sign-Off
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