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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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WFTCHTJ · 09/06/2026 16:25

StandingDeskDisco · 06/06/2026 10:40

It would be good if they did, and lost, because then the judgement would be binding on all lower courts / tribunals.

True, but not great for @FayeRC to have to go through all that additional stress in the meantime

StandingDeskDisco · 06/06/2026 10:40

GargoylesofBeelzebub · 06/06/2026 10:35

I hope they’re not thinking of appealing the ruling!

It would be good if they did, and lost, because then the judgement would be binding on all lower courts / tribunals.

GargoylesofBeelzebub · 06/06/2026 10:35

I hope they’re not thinking of appealing the ruling!

Kirschcherries · 06/06/2026 08:25

@FayeRC Thank you for what you are doing. That is an excellent letter.

May I suggest you start a new thread in here, possibly in chat or AIBU titled something like “AIBU to ask female NHS staff to lodge a claim against NHSE for indirect sex discrimination.”

include your letter and explain the more individual claims the better.

AssignedTERFatbirth · 06/06/2026 06:38

FayeRC · 05/06/2026 23:25

My legal team have sent a letter to NHS England because we have not seen any action from their side since my win on three complaints (indirect sex discrimination, harassment related to sex and harassment related to gender critical belief).

The letter is available at the usual "allotment plot".

If any other NHSE staff members feel they have been negatively affected by this policy on single-sex facilities, could you please read the letter and message me privately (there is a PM function here on MN).

Brilliant @FayeRC - as you’ve seen the only way to move this on is constant legal pressure.

They’ve had a judgment, they’ve had the Workplace Regs 1992 GLP judgment and now EHRC guidance.

What are they waiting for? Face tattoos to remind them.

FayeRC · 05/06/2026 23:25

My legal team have sent a letter to NHS England because we have not seen any action from their side since my win on three complaints (indirect sex discrimination, harassment related to sex and harassment related to gender critical belief).

The letter is available at the usual "allotment plot".

If any other NHSE staff members feel they have been negatively affected by this policy on single-sex facilities, could you please read the letter and message me privately (there is a PM function here on MN).

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DrBlackbird · 17/05/2026 16:17

Sorry, but was the nhs trust claiming that you were ‘hypersensitive’ because of not wishing to undress with a man?

we cannot conclude that the claimant was ‘hypersensitive’

That takes gaslighting to an industrial scale but really shocking the ruthless and cold lengths they went to in their attempt to allow men to remain in women’s changing rooms.

And the audacity to claim being on the RSOH, let alone claims to #beingkind. It’s truly incredible.

OpheliaWitchoftheWoods · 17/05/2026 13:37

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

FayeRC · 17/05/2026 08:14

My complaint of harassment on the basis of sex and GC belief succeeded: ‘194.12 we cannot conclude that the claimant was ‘hypersensitive’ […] The claimant’s diagnosis of PTSD relating to male sexual violence was particularly salient in reaching this conclusion.’

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AssignedTERFatbirth · 16/05/2026 08:12

FayeRC · 15/05/2026 23:06

At first I felt disheartened by two complaints around PTSD and religion not succeeding but perhaps it's important to remember those were already included in the main win.

From the judgement: '184. The success of the claimant's complaint of indirect discrimination in relation to sex means that we do not need to proceed to consider her complaints of indirect discrimination on the basis of religious belief and/or disability. This is because we have concluded that the respondent indirectly discriminated against all women by applying the two PCPs (including women who were Muslim and women with PTSD as a result of male sexual violence.'

You’ve given all women of whatever belief, of whatever trauma they’ve experienced, or whatever their background a wonderfully clear judgement saying you only need to be a woman to say no.

You don’t need to be a harmed woman, or believe certain things. Being a woman is enough. That is a gift to all women.

Well done.

Keeptoiletssafe · 15/05/2026 23:30

My toilet report from last month is already out of date 😁
It’s going to be great to be able to put this result in!
I wish they could have considered disability and religion too but then the overall result is so good for health and safety. Thank you for having the bravery and determination to do this.

FayeRC · 15/05/2026 23:06

At first I felt disheartened by two complaints around PTSD and religion not succeeding but perhaps it's important to remember those were already included in the main win.

From the judgement: '184. The success of the claimant's complaint of indirect discrimination in relation to sex means that we do not need to proceed to consider her complaints of indirect discrimination on the basis of religious belief and/or disability. This is because we have concluded that the respondent indirectly discriminated against all women by applying the two PCPs (including women who were Muslim and women with PTSD as a result of male sexual violence.'

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IwantToRetire · 15/05/2026 18:04

@FayeRC May congratualtions on you win, and all respect to you for having endured what must have been a long and upsetting process.

Just to say, because I didn't make the link(!) that I started a thread based on a newspaper report of you win - but at least caught the attention of those who hadn't been following this thread.
https://www.mumsnet.com/talk/womens_rights/5529873-muslim-woman-in-line-for-payout-over-nhs-trans-toilets-policy

Flowers
Appledrop · 14/05/2026 20:09

A well-deserved congratulations and a big thank you @FayeRC

SecretSquirrelLoo · 14/05/2026 19:26

Congratulations and thank you @FayeRC

MarieDeGournay · 14/05/2026 09:06

I'm trying to avoid that tired old cliché 'This is a victory for common sense'.

Oh what the heck: This is a victory for common sense!
And for a very courageous and determined woman, of courseSmile

Ereshkigalangcleg · 14/05/2026 08:04

Congratulations Faye! Brilliant result.

MyAutumnCrow · 14/05/2026 08:01

FayeRC · 13/05/2026 20:35

Thank you all, I have been reading through the judgement, feeling a mixture of relief, overwhelm and incredible jubilation.

Congratulations, Faye. What an ordeal this has been for you - and what an achievement.

Forester1 · 14/05/2026 07:00

Just seen this - congratulations on seeing this through 👏

WFTCHTJ · 14/05/2026 05:21

Congratulations @FayeRC and thank you for taking the fight on in the first place.

eulittleb831 · 14/05/2026 04:10

Litigatioh is draining - mentally, physically, financially. Well done for walking the walk, history will remember you.

MarieDeGournay · 13/05/2026 22:04

Congratulations Faye, we all benefit from your courage and determination.
💚💜💚

AssignedTERFatbirth · 13/05/2026 21:52

Well done @FayeRC and to your legal team. I have read the judgment - its so incredible for you and for those of us who are sex realist.

You have advanced the cause - money very well invested! I hope you have some way to celebrate. Your kids will be so proud of you.