'A right to offend' | As judge defends worker's 'Black privilege' comment, here's what HR should know about free speech

A judge has ruled that a worker, who lost their job after making derogatory comments about his company’s diversity training, was unfairly sacked – a result which some have hailed as a "tremendous victory" for free speech.

As reported by the likes of the Daily Mail and The Telegraph, Simon Isherwood had been sacked from his job as a conductor with London Northwestern Railway after concerns were raised about his reaction to a diversity training session, including an apparent disagreement with trainers using the phrase ‘white privilege’.

According to the Mail, Isherwood voluntarily attended the diversity training webinar in January 2020, alongside approximately 80 staff members from several operators owned by West Midlands Trains (WMT).

The webinar reportedly covered topics including what white privilege is, how to “change the privilege and power structures”, and “how to be an ally”.