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Original poster

Employment Tribunal finds NB does not meet PC of GR

308 replies

DrProfessorYaffle · 28/11/2025 09:33

https://www.gov.uk/employment-tribunal-decisions/h-lockwood-v-cheshire-and-wirral-nhs-foundation-trust-and-others-2401211-slash-2024-and-2407178-slash-2024

"Although the claimant has taken steps to change attributes of their sex
from female, by changing their name to a name which can be identified as of
either sex, and has changed their preferred pronouns, those are not in our
view attributes which are for the purpose of moving from one sex to the other,
they are steps in the process of moving away from the female sex to a
different gender identity, ie that of non binary. The claimant is not proposing,
nor do they intend to take any steps to reassign their sex from that of female
to male.
105. We therefore find that the claimant does not have the protected
characteristic of gender reassignment."

H Lockwood v Cheshire and Wirral NHS Foundation Trust and Others: 2401211/2024 and 2407178/2024

Employment Tribunal decision.

https://www.gov.uk/employment-tribunal-decisions/h-lockwood-v-cheshire-and-wirral-nhs-foundation-trust-and-others-2401211-slash-2024-and-2407178-slash-2024

OP posts:
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Original poster
DrProfessorYaffle · 28/11/2025 09:57

Chersfrozenface · 28/11/2025 09:54

Non-binary can't meet the protected characteristic of gender reassignment as it doesn't exist in law in the UK.

The Gender Recognition Act, the basis for the protected characteristic of gender reassignment, only recognises male and female genders.

It has been established in the Ryan Castellucci case that the GRA does not allow for the legal recognition of non-binary gender.

And the notes on applying for a GRC on gov.uk specifically underline this: "You can only apply to be recognised as male or female. Non-binary genders are not legally recognised in the UK."
https://www.gov.uk/apply-gender-recognition-certificate

I do think itis a very grey area as the line about 'proposing to undergo' does not spell out what that means.

And this judgement is saying that because she didn't choose a sexed name or undertake any treatment, she doesnt meet the threshold for PC. But conversely this may mean that someone like Upton or Rose does, because they gave themselves a traditionally female name.

OP posts:
lcakethereforeIam · 28/11/2025 09:57

It just underlines to me that some people who claim to be some flavour of trans are grievance factories. You'd have to be mad yourself to knowingly employ one of they/them. Asking for pronouns on forms or at interview is just self preservation. You need something to try to screen they/them out.

soupycustard · 28/11/2025 09:56

I've never understood how 'trans' and 'non-binary' could come under the same rainbow-alphabet-umbrella. If there were any logic at all in gender ideology, it would surely be argued that to be trans, you have to be transitioning from one thing to another thing, so from one binary to another. The exact opposite of claiming to have no 'binary' at all.
Frankly, if it weren't part of the ridiculous TRA stable of nonsense, I'd fairly happily term myself 'non-binary', what with the fact that I'm not a Barbie doll, earn more than DH and do most of the diy in a terribly unfeminine way that would have trans identified males telling me how badly I do womanning.

Original poster
DrProfessorYaffle · 28/11/2025 09:55

I think this is really interesting:

Incident H: 10 January 2024: Allocating service user to C despite Case Alert
saying user “would prefer to see a female therapist”.
65.On 10 January 2024, the claimant was sent a request by their administration
team from a patient for a review call. The claimant noted on the patient system
that there was an alert that the patient would prefer to see a female therapist.
The claimant checked the notes on the system to see if there was a record of
the conversation with the patient, but there was not. The claimant emailed
their line manager, Mr Woodward and the manager of the Administration
Team to bring it to their attention and raise a complaint.
66.The claimant was caused distress and felt “invalidated” by this exchange

This is similar to something that happened in the ERC case where the client wanted reassurance that their therapist would be female.

How far have we gone doesn't this rabbit hole when HCP want to deny their sex to patents for whom this is important?

OP posts:
Chersfrozenface · 28/11/2025 09:54

Non-binary can't meet the protected characteristic of gender reassignment as it doesn't exist in law in the UK.

The Gender Recognition Act, the basis for the protected characteristic of gender reassignment, only recognises male and female genders.

It has been established in the Ryan Castellucci case that the GRA does not allow for the legal recognition of non-binary gender.

And the notes on applying for a GRC on gov.uk specifically underline this: "You can only apply to be recognised as male or female. Non-binary genders are not legally recognised in the UK."
https://www.gov.uk/apply-gender-recognition-certificate

Original poster
DrProfessorYaffle · 28/11/2025 09:45

There are loads of really good points made in the judgment.

OP posts:
TheywontletmehavethenameIwant · 28/11/2025 09:42

Good another president set, NB is even more bogus than 'trans'. 😁

AltitudeCheck · 28/11/2025 09:35

It is almost like they are saying there are only two genders not eleventybillion!