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Feminism: Sex and gender discussions

Nightmare proposed trans policy at work

107 replies

GCWorkNightmare · 14/11/2022 08:48

Work are consulting on a new trans and non-binary support policy. Policy states that trans people have the right to use whichever toilets and changing rooms they like and that anyone objecting should be educated and offered to use different facilities if they still object. When I queried it I was told that the Landrover case confirmed this as law.

Pointed out that this discriminated against women of some religions, victims of VAWG etc but they’re holding firm.

Can anyone give me info/links to refute this?

They also want a category of special leave without limits for trans people.

We are a National non-unionised company.

OP posts:
Galvantula · 14/11/2022 18:31

Except from actual Gender Identity and Expression Guidelines, released to much fanfare at a large company in the UK 2 years ago:

Nightmare proposed trans policy at work
Nightmare proposed trans policy at work
QuebecBagnet · 14/11/2022 18:13

Have the mens got urinals? Can all the women go in there and see how the men find that?

Hooverphobe · 14/11/2022 17:27

I was thinking I’d want a root around the stationery cupboard in time for school holidays. Once I’d filled my boots my trans status would require me once again to go on extended leave.

EpicChaos · 14/11/2022 17:22

@Hooverphobe
" “dear line manager
in light of recent policy change, I’m now delighted to reveal I’m trans.
you probably already knew this because I’ve worn trousers, can drive a “stick” and my specialist subject is databases.
I didn’t mention it before due to persecution and micro-aggressions.
see you august!”

Well that's just silly!

That should be October at the very earliest, surely?! More chance of decent weather in August and September, why work then when you can be sat in the garden/at the seaside in the sun?

Twizbe · 14/11/2022 16:54

What's the leave policy?

I'd be putting on trousers and drawing a moustache if it meant I could have all school holidays and then some off fully paid.

drkpl · 14/11/2022 16:46

The leave thing makes me so angry. I developed a disability 6 months ago. I had to take sick leave as it made me unwell, and I had many appointments to go to while dealing with the emotional impact of having this for life. Cue me being put on statutory sick pay and being ‘gently’ reminded in every meeting with the manager of how many days of sick I’d taken. Some sympathy, but no real understanding of how the ordeal affected everything in my life, including my performance at work. But hey, let’s give special treatment to one specific group of people thanks to political bias and stuff the rest.

BatCheeseIsFine · 14/11/2022 16:38

“dear line manager

in light of recent policy change, I’m now delighted to reveal I’m trans.

you probably already knew this because I’ve worn trousers, can drive a “stick” and my specialist subject is databases.

I didn’t mention it before due to persecution and micro-aggressions.

see you august!”

😁
Or why turn up at all, ever? Just say at interview "Yes well as I'm trans, it doesn't matter if I can do the job or not as I won't be coming in. You can't not hire me as that's transphobic. Here's my bank account details, bye."

Dreikanter · 14/11/2022 16:11

It's the Workplace (Health, Safety and Welfare) Regulations 1992 that state that for toilets:

^separate rooms containing [sanitary] conveniences are provided for men and
women except where and so far as each convenience is in a separate
room the door of which is capable of being secured from inside.^

I think further clarification in other ACOPs now means that the separate room should contain both the toilet and hand washing / drying facilities/

Crosswithlifeatm · 14/11/2022 16:03

I would ask what the seperate facilities are or use the men's.
If the Tws are safely in the ladies and all the women use the men's (slap a gender neutral sticker on the door)Things may change if the men complain enough.

QuebecBagnet · 14/11/2022 16:02

They also want a category of special leave without limits for trans people.

well I would identify as trans and have a year off. 😂

NewsnightThumbs · 14/11/2022 15:59

Hooverphobe · 14/11/2022 15:48

“dear line manager

in light of recent policy change, I’m now delighted to reveal I’m trans.

you probably already knew this because I’ve worn trousers, can drive a “stick” and my specialist subject is databases.

I didn’t mention it before due to persecution and micro-aggressions.

see you august!”

Grin
TumbleFryer · 14/11/2022 15:51

DrDinosaur · 14/11/2022 09:27

We really need some sort of women’s legal service to deal with this sort of nonsense. If any lawyers wanted to set this up I’d be delighted to help crowdfund.

IANAL, but I’d refer them to the Health and Safety at work Act Regulation 20, provision of sanitary conveniences www.hse.gov.uk/contact/faqs/toilets.htm
Ask how they are planning to offer you a women only toilet (‘woman’ in the Act clearly referring to sex).

I understand the Jaguar Landrover case was in a lower court so did not set precedent, so it’s not relevant.

They are misinterpreting the Equality Act if they think it obliges them to allow a trans identifying male to use female facilities - they are allowed to invoke an an exemption for reasons of privacy and dignity. The EHRC guidance is here:
www.equalityhumanrights.com/en/advice-and-guidance/separate-and-single-sex-service-providers-guide-equality-act-sex-and-gender

(As I said I’m not a lawyer so I don’t know if this bit of law is strictly relevant as I don’t know if workplace toilets count as a service, but it’s good to read it to counter the widespread and incorrect Stonewall interpretation of the law).

I would also remind them that there is no hierarchy of protected characteristics, so they are obliged to consider the interests of women and people with protected beliefs (eg Muslims and Gender Criticals), as well as trans people.

Hopefully a lawyer will be along soon with more advice.

This would be amazing. It could be the GC version of Pregnant Then Screwed.

Mirabai · 14/11/2022 15:49

anyone objecting should be educated and offered to use different facilities if they still object.

You might also query, OP, whether anyone objecting to women’s preference for single sex toilets will be “educated” and offered different facilities?

Redup · 14/11/2022 15:49

"educated" wow

Hooverphobe · 14/11/2022 15:48

“dear line manager

in light of recent policy change, I’m now delighted to reveal I’m trans.

you probably already knew this because I’ve worn trousers, can drive a “stick” and my specialist subject is databases.

I didn’t mention it before due to persecution and micro-aggressions.

see you august!”

gogohmm · 14/11/2022 15:40

Why can't there just be a "I don't fit into category" toilet/changing room afterall I doubt there are large numbers.

I'm guessing the special leave is for surgery as strictly speaking it's not sick leave (most orgs don't give paid time off for plastic surgery) I don't have an issue with that myself as I have respect for those who feel that strongly to transition.

KittenKong · 14/11/2022 15:25

PearlclutchersInc · 14/11/2022 11:31

What'll end up happening is that the disabled accessible loos will be the default thereby disadvantaging disabled people who are the group whose physical needs should trump them all.

Oh like in the British Genius Site in Battersea park? Mens, ladies and disabled/weird Batman icon.

MichaelFabricantWig · 14/11/2022 15:19

senua · 14/11/2022 09:30

I have never heard of the Landrover case so I looked it up. It was a ruling in 2020. There has been water under the bridge since then (eg that EHRC document mentioned above is dated 27.04.22). Is your HR department fully up to date?

It was also only an ET decision so not legally binding

2bazookas · 14/11/2022 15:06

If I worked for an organisation like that, I'd be organising every woman to exclusively use the mens toilets. Preferably the Executive facilities.

You'd soon find that men don't like their privacy being stolen from them.

BatCheeseIsFine · 14/11/2022 15:05

They also want a category of special leave without limits for trans people.

What!? Who wants this, the actual workplace? That takes "didn't think that through" to a whole new level doesn't it...

anyone objecting should be educated and offered to use different facilities if they still object
So that suggests there will be different facilities for people who want same-sex-only facilities - I'd ask them to clarify that. As discussed below, if this "education" means telling you you have to be subjected to males in your female space and also not leave the space because that's transphobic or mean, that's basically making a rule that women have to let men share space with them - which you can challenge. But if you can be offered an alternative, that means you can have a women-only space presumably. They probably haven't thought that through either though.

BellaAmorosa · 14/11/2022 14:50

@DrDinosaur , @RoyalCorgi
I forgot to address directly@RoyalCorgi 's point about GRCs!
The position is that if a space or service is declared SS, anyone of the opposite sex can be excluded, transpeople included. If a transperson has a GRC, they may also be excluded if that would be a proportionate means of achieving a legitimate aim (eg dignity, privacy or safety). So the bar is higher but exclusion of opposite sex transpeople with a GRC from SS spaces or services is legal.

ZooTropia · 14/11/2022 14:29

Plasmodesmata · 14/11/2022 09:23

Special leave without limits? How will they check that the people applying for this are "really trans"?

In all honesty, I've never met a trans person where I've thought they were not a trans person. And, they usually tell you !

FusilliFettler · 14/11/2022 13:56

@BellaAmorosa thank you. If we all politely stand up to this and ask HR to do their fucking job properly we’ve got half a chance of stopping this batshittery. It’s no good just complaining on here anymore, we’ve got to speak up.
If not now, when? And if not you, who?

oakleaffy · 14/11/2022 13:32

Plasmodesmata · 14/11/2022 09:23

Special leave without limits? How will they check that the people applying for this are "really trans"?

This is insane.
People will be self ID ing just to get the special leave.
Surely that isn’t fair on non trans workers?

DrDinosaur · 14/11/2022 13:28

Absolutely, the EHRC link in my post above clarifies that there is no general 'right' for trans people to access single sex facilites when their exclusion can be justified for reasons of privacy, dignity or safety.

So pretty much anywhere where sex actually matters - eg toilets, changing rooms, sports, prisons - all males can legally be excluded.

The problem now is that many so many people believe in Stonewall's misrepresentation of the law, or actually believe in trans ideology, so companies/organisations are not using the exemptions.

Because toilets at work are covered by Health and Safety at work, you DO have a right to single sex toilets.