Please or to access all these features

Feminism: Sex and gender discussions

"NHS Fife nurse allowed to call trans doctor a man during employment tribunal"

113 replies

AnotherAngryAcademic · 24/01/2025 20:36

I've not read the decision yet - but this seems promising!

I actually think that the Dr Upton's request to be called "Dr Upton" if pronouns can't be agreed on is reasonable, although if the judge had simply decided that titles should be used it would have been a bit ambiguous as "Dr" is both sex and gender neutral. For example, if it had been another nurse asking to be called "Miss Upton" it would not be as straightforward - so it is useful that the claimant can say "he" if necessary.

(Use of "Dr Upton" also emphasises the hierarchal element of the relationship between the parties, which may well be relevant in the case.)

I also think it is no bad thing to specify that the tribunal will intervene if male pronouns are “used gratuitously and offensively on a repeated basis with no good reason to do so” - I can't imagine that this would be done deliberately, but it will be interesting to see what, if any, use will be considered "offensive" by the tribunal as this is something that is often discussed.

Link: https://www.thecourier.co.uk/fp/politics/scottish-politics/5169032/nurse-nhs-fife-trans-doctor-tribunal/

OP posts:
New posts on this thread. Refresh page
BezMills · 19/02/2025 12:07

more heat than light in the deleted post to be honest, we shan't miss it

Greyskybluesky · 19/02/2025 09:14

Ah, I see. That poster lived up to the last part of their user name!

Skoolzforthickos · 19/02/2025 02:19

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

napody · 18/02/2025 22:35

Justme56 · 27/01/2025 10:09

I thought TT just reported background and what was said in the tribunal. It’s all factual stuff and never noticed any ‘opinion’ pieces.

And the particularly dogshit thing about that article is that it doesn't mention that Sandie Peggie was SUSPENDED FROM HER JOB for complaining about having to share the women's changing room with a man. That's what the case is about! It made it sound as if she'd just spontaneously got up a campaign to take him to court.

Greyskybluesky · 18/02/2025 22:29

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Biology and anatomy are indicators of sex, not gender.

Skoolzforthickos · 18/02/2025 22:24

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Skoolzforthickos · 18/02/2025 22:13

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Mmmnotsure · 01/02/2025 14:53

ickky · 28/01/2025 20:12

What do you think our chances are of observing remotely next week?

The Edinburgh ET email to apply for online access is
[email protected]

The hearing bas been moved to Dundee. The Edinburgh ET email may still work to get an answer The email for Dundee is:
[email protected]

For subject line:
Re: 4104864/2024 - Peggie v Fife Health Board

Mmmnotsure · 01/02/2025 14:47

ILikeDungs · 01/02/2025 10:54

Heads up: the tribunal’s 10-day hearing is scheduled to begin on February 3rd

More details on "NHS Fife tries to silence nurse" thread

MarieDeGournay · 01/02/2025 11:14

Justme56 · 27/01/2025 17:08

The Baroness has sent a letter.

Mic drop. This should be on a t-shirt😂

ILikeDungs · 01/02/2025 10:54

Heads up: the tribunal’s 10-day hearing is scheduled to begin on February 3rd

Peregrina · 28/01/2025 23:41

Baroness Nicholson refers to the "Legal Fiction of a Gender Recognition Certificate", but even if Dr Upton has obtained one now, he certainly didn't have one at the time of Ms Peggie's complaint, so male pronouns should be perfectly acceptable because that is what he was (and still is).

similarminimer · 28/01/2025 23:23

anyolddinosaur · 28/01/2025 08:55

It has not yet been established that Dr Upton had any right to be in female spaces without the consent of those present.

so I'll amend that to

"Kemp added that Dr upton and his lawyers “may wish to reflect” on whether it was “necessary or appropriate” for Dr Upton to use female pronouns, even though they are legally permitted to do so. He added that "Dr Upton should consider if it is gratuitously offensively and harassment to do so on a repeated basis”.

Brava

Helleofabore · 28/01/2025 20:43

Justme56 · 27/01/2025 17:08

The Baroness has sent a letter.

She is absolutely right. Thank you Baroness.

ickky · 28/01/2025 20:12

What do you think our chances are of observing remotely next week?

teawamutu · 28/01/2025 13:56

MagpiePi · 28/01/2025 13:50

This is what I've alwayd had an issue with.
You swear that you are going to tell the truth, the whole truth and nothing but the truth, apart from the bits where the defendant might get hurty feelz when you are compelled to lie.

If I'm ever in court under these circs, I really hope I'll have the ovaries to say OK, so you want me to swear the oath, or lie as commanded? Pick one.

MagpiePi · 28/01/2025 13:50

themostspecialelfintheworkshop · 28/01/2025 12:34

I hope I'm never in this position but if I'm ever compelled to use wrong sex pronouns in court I will say that I'm lying every single time. Because it will be lying.

This is what I've alwayd had an issue with.
You swear that you are going to tell the truth, the whole truth and nothing but the truth, apart from the bits where the defendant might get hurty feelz when you are compelled to lie.

themostspecialelfintheworkshop · 28/01/2025 12:41

And this is especially important in a healthcare setting. If a patient who has a history of male violence, is Muslim or a myriad of other reasons and who needs single sex HCPs is in a meeting with others describing Upton as 'she' they won't realise they are talking about a man. They won't realise until they're in a room with him. It's deception about his sex, which is really quite important in his job.

Deceiving patients about the sex of their potential HCPs is lying, manipulation and a safeguarding failure. And will stop women seeking appropriate healthcare because once you've lost trust on something like that, it's difficult to regain it.

It's a complete failure of professional ethical standards in the NHS.

And the courts are so bloody misogynist not noticing this obvious fact, it's so depressing.

themostspecialelfintheworkshop · 28/01/2025 12:37

The obfuscation purpose is anti-safeguarding. It is very much one of the points along with the compulsion and positioning the special pronoun person as more important than the person being compelled. In a court, positioning one side of the argument as superior is biased.

In the Miller case where a trans identified male abucted a female child the judge said his dressing as a woman likely affected the child's decision to get in the car with him. Wrong sex pronouns attempt sex deception, which undermines safeguarding.

themostspecialelfintheworkshop · 28/01/2025 12:34

I hope I'm never in this position but if I'm ever compelled to use wrong sex pronouns in court I will say that I'm lying every single time. Because it will be lying.

themostspecialelfintheworkshop · 28/01/2025 12:32

OldCrone · 28/01/2025 09:56

I would say that preferred pronouns are always used gratuitously. Their main purpose is to compel the speech of others, which means there is also an element of coercion involved. Their other use is to obfuscate. They serve no useful purpose.

THIS

I was once talking to a mother and her trans-identified child. She was bending over backwards for this child all the time, paying vast sums of money (and they weren't rich) for all sorts of support but she would occasionally accidentally misgender and then immediately correct herself. This was a woman who had unimaginable financial, personal pressures and was also going through menopause and just occasionally used the standard English she'd been using for 50 years or so. Of course he'd been told by online wankers that her accidental 'misgendering' was equivalent to a Nazi war crime further undermining his already poor mental health and weaking the relationship between this boy and the one person in the world who actually loved him unconditionally and would do anything for him.

The system and the state didn't really care, nor do anything, for that child.

It's so bloody evil.

PepeParapluie · 28/01/2025 11:48

Brainworm · 28/01/2025 09:18

Or how painful and distressing it is to be forced, against your will, to use wrong sex pronouns? I personally find it very painful and very distressing to even contemplate being forced to lie about the reality I see.

I think this is a significant aspect of the on-going conflict. There are many people who don't care about using words/terms that conflict with their beliefs/views or care about males being in female single sex spaces. I believe that they are entitled to hold these views, whether I agree with them or not. However, I do think they should recognise that others feel differently and, like them, are entitled to hold these different views.

In a liberal, democratic society, we should adopt the position whereby we recognise that there are deeply held conflicting views and beliefs about pronouns and some people experience distress when their preferences aren't followed. We can also recognise that it isn't reasonable to expect others to preside over whose preferences should be adopted/rejected and enforced. Instead, we need people to learn to tolerate the choices of others

I’d agree with this. I think it’s also particularly important to recognise that difference in belief in a court setting where people are under oath, or owe professional duties to the court, and so must tell the truth. It would be particularly distressing in that setting to ask someone to use wrong sex pronouns.

Ereshkigalangcleg · 28/01/2025 11:14

He added that Peggie and her lawyers “may wish to reflect” on whether it was “necessary or appropriate” to misgender Dr Upton, even though they are legally permitted to do so

Reflected. It is. Next.

OldCrone · 28/01/2025 09:56

I would say that preferred pronouns are always used gratuitously. Their main purpose is to compel the speech of others, which means there is also an element of coercion involved. Their other use is to obfuscate. They serve no useful purpose.

ErrolTheDragon · 28/01/2025 09:26

While I agree that any constraint on using same sex pronouns naturally is a chilling power imbalance, I think we've heard examples of genderists using 'preferred' pronouns gratuitously and sometimes offensively. Even quite bland tv shows can have that gratingly twinkly overemphasis on they when referring to 'non-binary' characters.

How do you rule on tone of voice though?!