Bruce Frew appears before the Employment Tribunal in case involving a Claimant’s “gender critical” philosophical belief

Bruce Frew represented the Respondent before the Employment Tribunal in the case of Orwin -v- East Riding of Yorkshire Council in an interesting case centred on an allegation of direct discrimination because of the Claimant’s philosophical belief.  Mr Orwin brought claims against the Respondent for unfair and wrongful dismissal and direct discrimination because of his philosophical belief which was identified as “gender critical”.  The Claimant manifested his philosophical belief with an e-mail footer using his preferred pronoun of “XYchromosomeGuy/AdultHumanMale”.

The Employment Tribunal found that the Claimant’s gender critical beliefs are a philosophical belief within the meaning of Section 10 of the Equality Act 2010 and that all other claims including that of direct discrimination were not well-founded and were dismissed.  The case highlights the approach that can be taken in such cases where it is recognised that there is a freedom to manifest belief and to express views relating to that belief and action taken because of, or relating to, the exercise of the right in question which falls into the area of the objectionable manner of the manifestation or expression.  

It was found that Mr Orwin had a protected belief, manifested the same but in an objectionable manner.

Link to Judgment >>>