Overview
- The Landesarbeitsgericht Hamburg on February 5 upheld the lower court, declaring the summary dismissal unlawful and ordering two written warnings removed.
- The court found the agency could not require revisions to the radiation‑protection notice because that task lay outside the employee’s documented remit and lacked written authorization.
- The presiding judge indicated employers can generally instruct staff to use gender‑inclusive wording, so the ruling turns on procedure rather than content.
- The plaintiff, a 43‑year‑old chemist serving as the agency’s radiation‑protection officer since 2023, had refused to fully apply gendering in the draft instruction.
- A regular appeal was not admitted, though a complaint to the Federal Labour Court remains possible; the agency declined comment citing data protection, and the lawsuit received funding from the Verein Deutsche Sprache.