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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:
themostspecialelfintheworkshop · 27/01/2025 10:52

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.

The fact it's purely factual is the problem for trans identifying males though - as they want to compel everyone to lie.

SerendipityJane · 27/01/2025 10:24

Medicine has no place for the supernatural or quasi science. I want my medical professionals to deal in scientific facts, and well researched qualitative and quantitative evidence based practices.

That would be nice. Let me know when it happens.

PepeParapluie · 27/01/2025 10:14

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.

I think so too. It’s just a record of what’s being discussed. And the fact that the public can discuss the case is… surely the point of open justice?

verityveritas · 27/01/2025 10:12

If a doctor of medicine doesn't realise it's not physiologically possible to change sex, I'd not be confident with their assessment / diagnosis/ treatment or fitness to practice. If a medical practitioner told me if was 'God' making me ill or 'God' was curing me I'd be putting in a complaint to the GMC quicker than a bolt of lightening,
Medicine has no place for the supernatural or quasi science. I want my medical professionals to deal in scientific facts, and well researched qualitative and quantitative evidence based practices.
Leave your own belief system at home, it has no place in the work place. Outside of work, do whatever you want to do (within the realms of the law), wear whatever you want to wear, worship whatever you want to worship, request to be addressed as you want to be addressed by all means, but don't bring any of that into a professional work setting.

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.

fanOfBen · 27/01/2025 10:07

It's interesting that the Telegraph article reports that TT will be allowed to report if they are "fair and accurate". Given that anyone can request online access, what about anyone else who reports something that is not considered "fair and accurate"? If anyone does, it will not be discernible which online viewer posted it - so I don't think the judge would have any option other than excluding all online viewers (with the possible exception of TT if they're special!) in that case. I wonder if the judge has thought this through? In particular, given that it's apparently normal to allow the public to access these hearings online, whether any justification has been anticipated for treating this case specially? (It goes without saying that everyone here should take care to be accurate. "Fair" may be in the eye of the beholder and may have to take its chances...)

SerendipityJane · 27/01/2025 09:50

It may be a disconnect - but maybe not.

It has long (over 300 years) been established that an English court cannot compel people to speak against their conscience. Admittedly for jurors and in criminal matters. However the principle stands.

https://en.wikipedia.org/wiki/Bushel%27s_Case

I am aware this is a Scottish jurisdiction.

Bushel's Case - Wikipedia

https://en.wikipedia.org/wiki/Bushel's_Case

ThatsNotMyTeen · 27/01/2025 09:49

PepeParapluie · 25/01/2025 11:59

Yes I agree. And with @SerendipityJane. I’m not saying I agree with the warning, just that I can see why perhaps the judge decided to include it. The judge needs to be impartial and to create an environment where everyone can give their evidence. I think it’s good the ruling didn’t mandate preferred pronouns and see that as a win. Didn’t the bench guidelines say previously that preferred pronouns should be used by everyone?

I agree

Sandy Kemp is a good judge

MagpiePi · 27/01/2025 09:46

Absolutely! @anyolddinosaur

Rightsraptor · 27/01/2025 09:46

One person's preference about pronouns came into it because of the revision of the Equal Treatment Bench Book, in which a disproportionately long section was (re?) written by gender activists. Who were able to construct their wish list, with no reference to anyone else's rights or obligations.

How can anyone promise to tell the truth and then be obliged to lie? It makes no sense at all.

SabrinaThwaite · 27/01/2025 09:44

She said its [Tribunal Tweets] content was often reproduced on platforms like Mumsnet, where “objectionable and offensive” partisan commentary would be added by other internet users.

So identifying male people as male is ‘partisan’ now is it?

Vive la révolution!

anyolddinosaur · 27/01/2025 09:43

Oh gosh women might actually want to talk about something that affects them. This is not Afghanistan yet, despite NHS Fife's best attempts to make it so. Wonder what they would do for nurses if pesky women were denied any rights. Of course they'd like to forbid the Times to publish too, but the Times might sue them if they suggested the Times reporting was biased while they feel they can defame Tribunal Tweets with impunity.

If Dr Upton becomes very upset by biological reality Dr Upton really needs to consider whether the NHS is the best place to work. Dr Upton will be reminded on a daily basis that however much you may wish you were a different sex you can only try to mimic what that might look like. It really is not good for him to have to deal with the physical reality of bodies. Obviously his employer considers his mental health fragile - so why have they not encouraged him to use the private changing area he created where he wont be viewing nurses female bodies on a daily basis? You'd think that observing how his body can never actually be female would trigger his dysphoria, if that dysphoria is genuine.

ThatsNotMyTeen · 27/01/2025 09:42

RowlingPin · 24/01/2025 20:44

But he warns the tribunal, being held in Edinburgh, will not hesitate to intervene if male pronouns are “used gratuitously and offensively on a repeated basis with no good reason to do so”.

This sounds like something off of a comedy sketch. What they going to do, employ a "he/him" counter to make sure no-one exceeds their pronouns per minute allowance?

Wonder what a good reason is? Mine would be that I don’t call males she.

Allthegoodnamesarechosen · 27/01/2025 09:40

‘She said its content was often reproduced on platforms like Mumsnet, where “objectionable and offensive” partisan commentary would be added by other internet users.’

ooooh hurty words! How to cope ? (Hint : don’t read Mumsnet FWR, stick to Pink News which is firmly on the right side of history).

themostspecialelfintheworkshop · 27/01/2025 09:30

Normal, standard, longstanding accepted English usage of 3rd person pronouns = accords with reality

Preferred pronouns = compelling others to lie.

Given people are supposed to tell the truth in court, I really don't understand how one person's preference could have ever come into it.

themostspecialelfintheworkshop · 27/01/2025 09:27

Datun · 27/01/2025 09:11

Jane Russell, the lawyer representing NHS Fife and Dr Upton, had claimed she had “serious concerns” about the “citizen journalist” platform which she argued would present a warped version of events.

She said its content was often reproduced on platforms like Mumsnet, where “objectionable and offensive” partisan commentary would be added by other internet users.

Not as fucking objectionable and offensive as forcing women to take their clothes off in front of men.

The end to this misogynistic madness cannot come soon enough.

Woman having opinions that recognise reality and don't match some blokes over-inflated ego and delusional sense of self = offensive dontcha know?

I'm sure he'd prefer some kind of Taliban like state of muteness for all actual women, while the only 'women' allowed to speak are men like him.

RoyalCorgi · 27/01/2025 09:26

Datun · 27/01/2025 09:11

Jane Russell, the lawyer representing NHS Fife and Dr Upton, had claimed she had “serious concerns” about the “citizen journalist” platform which she argued would present a warped version of events.

She said its content was often reproduced on platforms like Mumsnet, where “objectionable and offensive” partisan commentary would be added by other internet users.

Not as fucking objectionable and offensive as forcing women to take their clothes off in front of men.

The end to this misogynistic madness cannot come soon enough.

Jane Russell represented Garden Court Chambers in the Allison Bailey case and, I think, CGD in the Maya Forstater case. She must be a glutton for punishment.

themostspecialelfintheworkshop · 27/01/2025 09:26

I mean I suppose it's less coercively controlling than the NHS of course, which is compelling this nurse lie in a medical setting at the cost of her own dignity, safety, respect, truth, honesty and presumably patients' safety too. There will be plenty of patients who need single sex care and would be deceived into thinking this doctor was female by the NHS, seemingly. It's horrendously abusive, and frankly outrageous that a medical setting - where reality matters - is doing this. What next, are patients going to be compelled to pretend they don't have the diseases they have ('identify' as well)?

I'm looking forward to the peaking experience of the judge trying not to use any pronouns. And hopefully getting jumped on just like nurse Peggie would be in the workplace when inevitably mistakes (in the direction of normal, standard English usage) are made.

misscockerspaniel · 27/01/2025 09:23

Despite NHS Fife insisting that both the "sex and gender" of Dr Upton is female...

Some more words I thought I would never, in a million years, write: Thank God for Trump.

themostspecialelfintheworkshop · 27/01/2025 09:21

It sounds like coercive control by the court.

You don't know what the boundaries are, you don't know when you're going to get it wrong because it's subjective and controlled by someone else, you can't rely on normal English usage, who knows when you'll step over the line, you're made to question what is natural and normal, so you're walking on eggshells.

Sex-based pronouns are normal, longstanding English usage. This is NORMAL, the use of 'preferred pronouns' is ABNORMAL and requires someone pretend to believe in an untruth - that someone is the opposite sex. So then you're using sex deception pronouns. Given sex is critical to the whole case (and the continuation of LIFE ON EARTH... sigh) then it is biased of the court to require anything other than natural English usage.

Glamourreader · 27/01/2025 09:16

The sheer brass neck of NHS Fife insisting this doctor's gender and sex are both female!!!!

Datun · 27/01/2025 09:11

Jane Russell, the lawyer representing NHS Fife and Dr Upton, had claimed she had “serious concerns” about the “citizen journalist” platform which she argued would present a warped version of events.

She said its content was often reproduced on platforms like Mumsnet, where “objectionable and offensive” partisan commentary would be added by other internet users.

Not as fucking objectionable and offensive as forcing women to take their clothes off in front of men.

The end to this misogynistic madness cannot come soon enough.

SerendipityJane · 27/01/2025 09:01

lcakethereforeIam · 27/01/2025 01:02

Reported in the Telegraph

https://archive.ph/avJeX

https://www.telegraph.co.uk/news/2025/01/26/scotland-transgender-nhs-fife-employment-tribunal-nurse/

Those nasty vipers at MN get a mention 👋 apparently if Tribunal Tweets are allowed to live tweet we might <clutches pearls> talk about it 😳

My blushes, Watson ....

lcakethereforeIam · 27/01/2025 01:02

Reported in the Telegraph

https://archive.ph/avJeX

https://www.telegraph.co.uk/news/2025/01/26/scotland-transgender-nhs-fife-employment-tribunal-nurse/

Those nasty vipers at MN get a mention 👋 apparently if Tribunal Tweets are allowed to live tweet we might <clutches pearls> talk about it 😳

AnnaFrith · 25/01/2025 15:55

Men who are upset by being called men should avoid demanding that other people pretend they are women.
As a refusal often offends.