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Feminism: Sex and gender discussions

Transwoman wins employment discrimination case against NHS for being treated differently from women in changing room

422 replies

Clymene · 19/07/2022 16:55

I thought there was a thread on this but I can't find it. Maybe it was deleted? I shall choose my words very carefully.

The court found that the unnamed employee had been discriminated against because they were asked questions that a woman would not have been about whether they had been undressed in the communal women's changing area.

Judge Davies said: 'A concern about the woman's state of undress in the changing rooms was likely to be connected with the fact that she is a transgender woman.
'This was a communal changing room with a shower cubicle. It did not seem to the Tribunal likely that there would have been a concern about a cisgender woman in a state of undress while changing in such a changing room.
'The Tribunal therefore concluded that [the manager] asked the questions because of a concern that the woman as a transgender woman might be in a state of undress in the female changing room.
There were also several serious allegations against several female co-workers but while the Trust accepts these incidents happened, no perpetrators were ever identified.

There were a number of other complaints but they were dismissed by the Court.

https://www.dailymail.co.uk/news/article-11027471/Trans-NHS-worker-wins-discrimination-case-confronted-underwear.html

I am sure I'm not alone in finding this story very disturbing.

OP posts:
Thread gallery
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Misstache · 20/07/2022 00:13

The Filipina woman should definitely sue.

If I’m reading the decision right, she heard about the incident in the change room and went out of her way to help. Without being asked, she wrote a letter explaining how she had seen the TW crying in the locker room at 8 and 9, and heard another woman say the TW was still in there crying at 9:30 (so at least an hour and a half of work time histrionically sobbing in the cubicles while everyone trying to change and get ready for shift.) Then she saw the TW again in the locker room, and saw hairnets on the floor by the locker and was like “here, I think you dropped these.”

For her trouble, she immediately got accused of transphobic hate crimes, perhaps because she also saw the TW in the cafeteria that day with face mask down and said to pull it over nose. one can interpret.

She should sue for racial harassment, humiliation for being publicly accused of being a transphobe, damage to her reputation, etc.

NewPotatoSalad · 20/07/2022 00:07

Still have not finished reading the judgment yet.

But if it finds for the transwoman on the use of women's single-sex spaces - then yes; I will throw money at this judgement too, because it is wrong, and fails to take into account women's rights according to the Equality Act 2010 whereby there are single-sex exceptions, and males - all males, including those males with a GRC - can be legally excluded. Yes, even males with a GRC.

LK1972 · 20/07/2022 00:03

Clymene · 19/07/2022 21:56

Actually let's not talk about the claimant. We've done that to death.

Let's talk about their female colleagues. Who were told before this person even started that they would be using the women's changing rooms. And that they were going through transitioning but no one was allowed to mention it.

I mean,that's pretty extraordinary isn't it? A new starter - who is only working two days a week - is able to dictate their working T&Cs to such an extent

Agree. Also, having read that judgment I have huge sympathy for the women involved, who've bent over backwards and were then punished by being dragged through the tribunal for spurious reasons. I do wonder if they still subscribe to 'be kind', or have this experience been a bit of an eye-opener for all involved.

Iliveonahill · 19/07/2022 23:59

If I was one of the women that had to work with this person I would have left.
The comments in the newspaper article are not supportive. This case must go back on appeal.

NotYourCisterinAus · 19/07/2022 23:54

Apologies if this has been suggested before, but can the women who were exposed to this also take their employer to court? I'm sure many women would chip into a crowdfunder if they had a chance.

Datun · 19/07/2022 23:53

Hearach15 · 19/07/2022 21:11

They simply do not.

I would draw your attention to remarks by employment barrister Robin White:

"White noted that an employment tribunal is unlikely to find it “reasonable” for an employer to object to a trans woman using a toilet in a closed stall.

“Some people don’t like the idea that they might be in a toilet cubical next to a trans person. It’s fine for an employer to provide a separate facility, but the least discriminatory way will be to provide that separate facility for anyone who wants an additional degree of privacy, not insisting on the trans person [using it].”"

www.personneltoday.com/hr/ehrc-single-sex-spaces-guidance-could-lead-employers-into-unlawfulness/

Oh, I've just seen this! Lol

Datun · 19/07/2022 23:48

Bloody hell Misstache, thank you for that précis. What an absolute shit show.

The person obviously has endless issues and can't hold down a job.

But. It's trans ideology that has allowed them to run ridiculous, expensive, time-consuming, crazy rings around the NHS. That's simply not the normal reaction to a person displaying that behaviour.

All this is going to do is stiffen the spine of other employers. So, in the long run, it's probably a good thing.

WhiteFire · 19/07/2022 23:46

Thanks AdelaideRo The complainant was in a non clinical role. Is it usual for such employees to change at work?

it sounds like they were in catering, so yes they probably did need to change into their whites.

LovinglifeAF · 19/07/2022 23:44

SpindleInTheWind · 19/07/2022 17:14

Tribunal used the wrong comparator.

Agreed

Helleofabore · 19/07/2022 23:43

I think it is always of significance to see who is telling females of all ages to accept a naked penis (over the age of around 8 years old) in a communal changing room.

It says everything we need to know about that person. Everything.

It doesn’t surprise me though. It seems par for the course.

LovinglifeAF · 19/07/2022 23:43

I think it might be worth an appeal. I would take the stance that the TW was not asked about the use of the changing room because of the protected characteristic of GR but for another reason.

it seems like it may not have been handled well by the employer, who should have been aware of single sex provisions under the Equality Act

NewPotatoSalad · 19/07/2022 23:41

If you're at all interested, it is really worth reading the judgement. It is so indicative.

But I have not yet reached the bit where, despite everything, this person cannot be banned from women's changing rooms, because they are man with vulnerabilities?

mariesatonhisknee · 19/07/2022 23:35

mariesatonhisknee · 19/07/2022 23:31

With all due respect I can completely tell the difference between a transwoman and a butch lesbian. My 7 year old daughter also picked up on some points as I had to distract her from someone she was staring at - my husband had a vague notion which was only because daughter was being so intrigued. To me it was highly obvious. I have known some older transsexuals - and that’s what they were called back in the day - but very different people and I can’t think how to put it but they were a middle aged woman but they dressed and acted as most middle aged women did and did look like a smartly dressed middle aged woman. Lost contact now but I’d imagine they are horrified with everything now

Realise I’ve put they but they were a she ! I had a lot of respect for her as I really feel she had gender dysphoria and it was right for her

PearlClutch · 19/07/2022 23:35

If a penis is in a woman's changing room, if I'm following the logic, it is de facto a woman's penis, and therefore welcome.

This has in one stroke eliminated the possibility of exhibitionism. Amazing. Women everywhere must be delighted! And some must be extra excited to hear this!

BoredofthisCrap7 · 19/07/2022 23:32

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

mariesatonhisknee · 19/07/2022 23:31

Hearach15 · 19/07/2022 19:37

I don't that and even if you can many other people can't and that's causing quite a few problems:

inews.co.uk/news/uk/butch-lesbian-public-toilet-women-abuse-government-review-gender-neutral-facilities-833787

With all due respect I can completely tell the difference between a transwoman and a butch lesbian. My 7 year old daughter also picked up on some points as I had to distract her from someone she was staring at - my husband had a vague notion which was only because daughter was being so intrigued. To me it was highly obvious. I have known some older transsexuals - and that’s what they were called back in the day - but very different people and I can’t think how to put it but they were a middle aged woman but they dressed and acted as most middle aged women did and did look like a smartly dressed middle aged woman. Lost contact now but I’d imagine they are horrified with everything now

NewPotatoSalad · 19/07/2022 23:25

I'm currently reading the document, and amazed at the very very special leeway given to this person, as to their employment

Etinoxaurus · 19/07/2022 23:24

AdelaideRo · 19/07/2022 19:33

I work in the NHS and have to use a changing room daily. Our changing room is far too small for the number of staff using it. There are two toilets in the changing room and these represent the only private space to change.

Lots of my colleagues are observant muslims. They queue for considerable amounts of time to change in the toilet.

I would hate for their rights to be overruled in the way that those of the women in Sheffield were.

Thanks @AdelaideRo The complainant was in a non clinical role. Is it usual for such employees to change at work?

DuckDuckNo · 19/07/2022 23:21

This case reminds me of the TW who asked reddit lawyer subreddit for advice because they wanted access to the women's changing room. They were given advice and were successful in their endeavour. A few weeks later they reappeared on the subreddit asking for more advice: apparently the female women had started changing in cubicles and they wanted to know what legal ways could there be to force the female women to change with them, as they felt it was discriminatory for the female women to change in a cubicle.

Nothing, I mean nothing, is ever enough.

AlwaysAWoman · 19/07/2022 23:11

GrinAndVomit · 19/07/2022 17:53

Male wins right to continue doing what ever the fuck he wants.
Females lose right to complain.

Same as it ever was.

This in a nutshell.

This whole thing has given me the rage. 'Shaking and crying?' How absolutely typical.

NewPotatoSalad · 19/07/2022 23:08

I have bookmarked and saved this document, the judgement, because it is so illustrative of what is happening:

assets.publishing.service.gov.uk/media/62cff0578fa8f50bfafb091d/V_v_Sheffield_Teaching_Hospitals_NHS_Foundation_Trust_1806836-2020___Others.pdf

Hell of an interesting read, as previous posters have pointed out.

Tallisker · 19/07/2022 23:06

Saw the earlier thread, it was deleted as I was reading it. Want to find out what happens to this thread.

TL:DR blatant placemark for message.

However as I type it's over 200 posts so I hope it is able to be discussed in an 'acceptable' manner

Rightsraptor · 19/07/2022 23:06

I've heard about tw finding it difficult to get work - I think India Willoughby may have said something along the lines of offers of work drying up once trans status is disclosed. Anyway, if this case is anything to go by I am not in the least surprised.

Not read the judgement yet but it's shocking that male genitals can be on display in a female changing room - NHS-sanctioned visual sexual assault. If they keep this up they'll have a huge number of legal cases from women heading their way.

As to the wet knicker thing, I am sure I read a while back that one of the many tw misconceptions about women is that we are walking around in a permanent state of sexual arousal, and so wet knickers. But who ever discusses how wet their knicks are with colleagues ffs?

Misstache · 19/07/2022 22:56

How things go for working class women employed in cooking/cleaning services

Woman applies for full time job

Woman faithfully attends job for years. Always on time. Often stays late. Takes extra shifts or changed shifts when asked without complaining

Woman approaches supervisor. Asks if shift can be adjusted as has child/elder care issue

Woman told you were hired to do a job. There’s a team of people here depending on you. We can’t shuffle thing around just for you.

Woman mysteriously starts getting negative performance reviews

Woman denied promotion/fired/transferred to bad Department/shifts cur

Woman complains

Woman told has bad performance reviews, nothing to be done

union declines representation

woman has no reference after working for years

RoaringtoLangClegintheDark · 19/07/2022 22:55

Great summary, Misstache, thank you.

Shocking. This is what happens when you enable this madness.

women must be saintly after months of vexatious complaints, constant demands on time, having to cover TW shifts as never at work, it’s covid.

And this is a recurrent thread we see over and over. Bio male trans people in this kind of situation, going off this and other things I’ve heard, can do pretty much whatever they like and everyone goes out of their way to accommodate them. Talk about bending over backwards.

But women, the women who are the ones putting up with this dreadful, unprofessional behaviour, picking up the slack, going above and beyond to try to make things work for the trans individual, and having inroads made into their free time as well - they are supposed to just keep on giving and giving and giving. Putting up with whatever. And with a smile and a cheery demeanour to boot.

And if they act like actual human beings, instead of service humans, once in a while - the horror, the endless apologies necessitated, the dreadfulness of being a woman who dared to show that she was fed up of this circus.

It’s so crap. All these women trying so hard to appease this one individual whose total contribution was to make everybody else’s life harder from the sound of it.

How do we get to women like this and tell them they DON’T always have to “be kind”, at their own expense? Imagine if there were feminists going into these workplaces and doing consciousness raising for women instead of Stonewall etc type “diversity” training. Imagine that.