Mr James Orwin v East Riding of Yorkshire Council — 2023

The tribunal found that the claimant genuinely held gender-critical beliefs and that those beliefs were a philosophical belief within section 10 Equality Act 2010. It found, however, that the relevant treatment arose from the claimant's creation and use, or intended use, of the email footer "XYchromosomeGuy/AdultHumanMale" and refusal to refrain from using it when instructed, rather than because the claimant held the protected belief.

The tribunal concluded that any interference with Article 9 or Article 10 rights was prescribed by law and proportionate, having regard to the respondent's public sector equality duty, its aim of fostering inclusion, and the limited forum in which the claimant was prevented from expressing the view. It found the direct discrimination complaints were not well-founded.

For unfair dismissal, the tribunal found the real reason for dismissal was conduct, namely failure to follow a reasonable management instruction. It found the investigation, disciplinary hearing, appeal and sanction were within the band of reasonable responses. For wrongful dismissal, it found the repeated refusal to comply with a reasonable instruction was a repudiatory breach of contract, so summary dismissal was permitted.