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Feminism: Sex and gender discussions

Employment Tribunal Case to Protect Single-Sex Facilities at Work

507 replies

FayeRC · 06/09/2024 13:39

Dear Mumsnet Members,

I have issued an employment tribunal complaint against NHS England to protect single-sex facilities at work.

A preliminary hearing will be held in early October 2024. I would be very grateful for some urgent gardening support at CrowdJustice. I won't add a link here as it is against Mumsnet rules.

It would be interesting to hear other people's views on legislation around single-sex facilities at WORK. However, I won't be commenting much on this public forum whilst the case is on-going.

Yours faithfully,
Faye Russell-Caldicott / FayeRC

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themostspecialelfintheworkshop · 12/02/2025 10:19

Is there any way to contribute other than crowdjustice? E.g. cheques direct to laywers? I tried to donate but it wants me to authorise payment via an app I don't have and refuse to get (because the imposition of apps like this are excluding my elderly parents from society and forcing me to do everything for them instead, which i don't have time for and they don't want and which is taking away their agency and hastening their decline - the very opposite of 'inclusion').

I've checked with my bank and they say I can still authorise via a code to my phone and the app is not mandatory but crowdjustice only allows the app option and there is no other choice given.

ArabellaScott · 11/02/2025 21:13

little bump.

FayeRC · 11/02/2025 19:56

Dear followers,

We are nearing another milestone date with this case. I would greatly appreciate a final push of sharing so the remaining ~3k broccolis for this stage could be covered. Donations go directly to my legal team’s client account, not to me. The best way to help is by reposting the link. I won't share it here because of MN rules but it's in the usual allotment site.

Also can I just say how much I've been enjoying the bbq smell lingering from the Fife case after Naomi's roasting cross examination. She'll represent me next.

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Songsparrow · 06/02/2025 18:30

Donated

Not2identifying · 05/02/2025 20:30

Thanks for explaining. That is good news.

FayeRC · 05/02/2025 18:31

We have different grounds for our applications for anonymity. A male identifying as a woman was worried he’d be outed as trans or male (ignoring the fact he looked male anyway) whereas my application is based on trauma history which is common in anonymity cases.

But very happy with today’s news disability has been agreed on.

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Not2identifying · 05/02/2025 17:46

I made a donation to you a while back and then I saw that a transwoman (I think it was an NHS changing room case) had been refused anonymity so it kind of feels like you will be too. I decided when I made the first donation that that's all I can do for now but I'll be back if it goes to the next stage. Good luck @FayeRC, I'm grateful to you. Even if it doesn't go further, it'll be making those HR bods aware that this issue is not going away. It's a drip, drip effect where we just need people to stop and think.

AmaryllisNightAndDay · 05/02/2025 17:01

My February planting done.

anyolddinosaur · 05/02/2025 16:55

That's a good start. Anyone want to plant some kale?

FarriersGirl · 05/02/2025 16:42

I am glad you have had some good news Faye. I will see what extra I can get from the garden this month.

FayeRC · 05/02/2025 16:28

Just received a message of some good news. The Respondent has confirmed that it is not contesting disability (PTSD), meaning both parties agree that I have it, and the issue does not need to be determined by the Tribunal. That is a massive weight off my shoulders really.

Courgettes needed at the allotment site, as the Fife case is in a different jurisdiction (Scotland), and I don't think Darlington case has progressed as far as mine (both England).

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FayeRC · 05/02/2025 07:57

Bump.

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FayeRC · 04/02/2025 18:24

I’ll handle any roasting under cross examination just fine. I’ve seen cross examination videos and have read court papers in the past so I know what to expect. It’ll be ugly, but that’s fine by me. I enjoy a good intellectual fight anyway and loved being part of a debate society when younger, so I probably have the right “type” of a personality for this. The legal team will prep me.

When I set on this journey it felt important to be open about the anonymity aspect. I do have a good case for it because it’s related to a historic sexual assault which weighs a lot, and often victims have an automatic right to anonymity. I knew anonymity would be an issue to some potential donors. Sarah Summers campaigns under a pseudonym against the rape crisis centre in Brighton so it’s not necessarily a hindrance to crowdfunding.

I feel quite confident I’ll reach the required amount for the second preliminary hearing. I’m experienced in crowdfunding for charity in another context and know the peaks and troughs of that. None of the troughs have been surprises to me. I’ve made a conscious decision a few times not to campaign for a couple of weeks. I knew January would be a dry month because we just had Christmas. I only campaign for what I need and not extra in advance, although any extra will go to another GC case. This has been a Mumsnet and X campaign so far, and I’ve not expanded to other platforms or media yet, on purpose. I very much want to be mindful of my employer, too, as I’m intending to continue working for the respondent in the future, too. I like my job.

I have burnt some thousands of pounds of my own money on this at the very beginning but there’s only so much I can spend. At least your contributions go to two very talented and admirable female lawyers who have a good track record in GC issues.

Thank you for your patient and continued support, we will get there.

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anyolddinosaur · 04/02/2025 13:48

I would donate more if it wasnt for the anonymity issue - but the case for anonymity needs to be made so I have donated to help make that case. I think it's useful for the court to be reminded of the threats women receive if they are openly gender critical and that there have been assaults.

If anonymity is granted I'll be putting more in the pot.

Britinme · 04/02/2025 13:34

More seeds planted.

AnotherAngryAcademic · 04/02/2025 11:49

Re the anonymity issue...

Yes, this may be affecting the confidence of donors. My view is that the legal team is not anonymous - and I have full confidence in this legal team in doing the right thing. (And presumably any funds not used will go to another woman facing tribunal costs related to gender critical beliefs in the workplace 🙂)

I suspect the issue is more that in trying to maintain anonymity, Faye is limited in how much personality she feels she can display on social media, including on MN. Part of what made eg Jo Phoenix very successful at crowdfunding was the extent to which she was able to interact with people and respond very personally. That is not possible for someone who needs to remain anonymous.

The current hearing in Fife is making it clear why some women will prefer to be anonymous, and some may not be able to proceed without that anonymity. I can't imagine having a sexual assault history, unrelated to my employment, picked over in an ET. And yet - as I think most of us understand too well - it is this history of sexual assault, which so many of us share, which makes this issue of being forced to undress in front of male people (however they see themselves) so important.

Anyway - good luck, Faye. I hope that your legal team, when they have a bit of time, are able to share your crowdfunder as well as they have a lot of reach on social media 🙂

bumbledenbarsk · 04/02/2025 11:38

Bump

Rightsraptor · 04/02/2025 10:08

Yes, I shall also be sowing some seeds very shortly.

I do get that there are always legal costs, even if a case is settled or whatever very early on. Nothing in the legal world is cheap and I certainly don't expect people to work for peanuts.

AmaryllisNightAndDay · 04/02/2025 09:31

These are good points. There are a lot of cases and not all the crowdfunders do get large amounts of money. For someone who needs anonymity it's hard to keep a high profile. Twitter support from someone who has a high public profile can make a big difference!

but then doesn't get to court, or not very far along at least. Where does that money go?

@Rightsraptor Some of it still goes on legal costs for preparing the case. Then it depends on the platform but e.g. on Crowdjustice any leftover money goes to another case which the person who originated the case nominates. So donations aren't wasted, win or lose.

I will be planting my February seeds shortly, cheered by IamSarah getting her court date at long last.

Rightsraptor · 04/02/2025 09:12

I think you make valid points @fanofBen. It had occurred to me too that, in giving to Faye, it might end up elsewhere over which I have no control. But we often have this kind of issue & issues of uncertainty, for instance when a case has got a lot of publicity and raises the money quickly (due to our fury) but then doesn't get to court, or not very far along at least. Where does that money go?

But I think we have to have faith here. If people like Faye don't take action, what's it going to be like for our daughters?

I just can't understand how any employer can take the stance of so many NHS trusts/boards on this issue. I'm struggling to see how the law is with them.

fanOfBen · 04/02/2025 08:36

I've been wondering, FayeRC, why your allotment hasn't been growing as well as some others (I've planted there), and I'm guessing that people are less willing to donate because you need anonymity (and haven't yet got it). I think it may be both parts though. It's unclear to us whether anonymity is likely to be granted, and you've said that if it isn't you won't go on with the case; so if it isn't, then people are, in effect, donating to some other case without control over which. Even if it is: as we have seen repeatedly, these hearings are incredibly stressful, and you're telling us you're someone who will find it particularly hard to stand that stress, and you're not telling us anything much else about yourself. Watching what SP is going through, can you tell us you can do that? I know I couldn't, and I don't have documented mental health issues. I'm sorry, but I think probably most people here who are willing to donate now know about your case and are likely not donating, for now, because there are so many good causes and one can't donate to them all but has to pick those most likely to have effect. Maybe it will pick up if you do manage to get to the next hearing and have anonymity granted.

Sorry if it's tactless of me to write this: tact is admittedly not a strong point of mine. You sound as though you have been wondering why it's not going better, though, and I thought it might be useful to address that head on.

In any case, maybe this prompts a flood of people saying "no no, I just hadn't gardened because I didn't know about the case" in which case all good :-)

FayeRC · 04/02/2025 07:59

The on-going Fife case is in Scotland which is a different jurisdiction to English Employment Tribunals. My case might still end up being the first one in England, depending on court dates.

I'm still in need of some turnips at the allotment site, please search Faye Russell-Caldicott at CrowdJustice.com, MN doesn't allow links. Sharing would be hugely appreciated even if you can't support this time. I've got a prel hearing in Feb so need to cover costs of that very soon.

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FigRollsAlly · 02/02/2025 15:05

Bump!

AliceNutterWasAWoman · 01/02/2025 10:00

For me it started with Jordan Peterson's opposition to Bill C-16. In the spirit of fair play I listened to the opposite POV and realised that it didn't even pretend to be an intellectual argument. However, I thought it was just north american craziness. Then we had a teenager speak at a training day where I worked. She explained how she was going to grow a penis on her arm, but most of her speech was about how awful her relationship with her mother was. I thought surely someone is going to help her resolve that relationship before she undergoes life-altering surgery. Started digging and realised the whole medical establishment would affirm her, not help her.

Tallisker · 01/02/2025 09:19

Oh and Yaniv and the ball waxing. A brave soul tweeted live from court in spite of mammoth efforts to keep the whole unsavoury episode under very tight wraps.

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