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Feminism: Sex and gender discussions

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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DrProfessorYaffle · 29/11/2025 10:47

FragilityOfCups · 29/11/2025 00:10

Oh no! I did notice some other typos but not that.
That just goes to show how hard it is to rewire your brain to this language even when it's literally the focus of the thing you're writing.

Yes and that even with being super careful and probably running through it all with tech too, these mistakes happen in a way that they just don't with correct sex based pronouns.

This stuff sucks up your head space and slows down your processing. When I worked with someone who was female and had a traditionally female name but become NB with pronouns they/them but also adopted a male name, I got pulled up on saying she about her by mistake (she was not present and the person I was speaking to was very shocked and made it clear they were judging me for messing up). From then on I avoided interactions with this person but also conversations about their projects etc too. It really affected my ability to work and speak normally and therefore was a brake on productiveness. Having to choose words slowly and carefully, knowing a public telling off and withering judgment awaits mistakes does not suit a fadt paced work environment.

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DrProfessorYaffle · 29/11/2025 10:31

I only found this case decision and write up by randomly clicking on it while looking to see if SP was released.

I wonder how many other ET decisions relate to TRA/GC cases and fly completely under the radar?

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Chersfrozenface · 29/11/2025 09:07

Cailin66 · 29/11/2025 00:20

How is it in relation to the Two Spirits Gender would you know?

If that means being both sexes simultaneously as opposed to neither

  1. obviously impossible in the real world
  2. hasn't been specifically tested in court in the UK.

I think there's a hint in the government page on applying for a GRC - "Non-binary genders are not legally recognised in the UK." Note that is says "genders" in the plural. "Non-binary genders" would, IMO, include "Two Spirit Gender".

selffellatingouroborosofhate · 29/11/2025 00:57

Stopbringingmicehome · 28/11/2025 20:54

Is this the start of employers being able to sack vexatious employees . And make the power play of TRAs a disciplinary act.

If it goes to appeal and is upheld, yes.

Cailin66 · 29/11/2025 00:20

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

How is it in relation to the Two Spirits Gender would you know?

FragilityOfCups · 29/11/2025 00:10

SqueakyDinosaur · 28/11/2025 22:56

I think I've spotted a misgendering (correct sexing) in paragraph 133. Stand by for an appeal!

Edited

Oh no! I did notice some other typos but not that.
That just goes to show how hard it is to rewire your brain to this language even when it's literally the focus of the thing you're writing.

Alpacajigsaw · 28/11/2025 23:43

Haech needs to grow the fuck up.

CohensDiamondTeeth · 28/11/2025 23:37

DrProfessorYaffle · 28/11/2025 21:34

Yes, the meanest of the mean to want to avert lifelong sexual dysfunction and urinary problems for someone who is completely healthy

Yes that, but also wrong sex medical treatments that can cause serious harm or loss of life to the patient, or in the case above cause a miscarriage because no one was aware of the pregnancy.

One of the so called allies I've butted heads with over this was all for concealing the sex of a patient, and didn't want to acknowledge just how dangerous that would be in a medical setting. That's just wilful stupidity, or worse.

Those "allies" worry me and enrage me in equal measure. They are capable of understanding the danger but will keep banging the validation drum and shouting down people who raise reasonable concerns. But there are vulnerable people out there who won't know this danger exists, or might not have the capability to understand it. They are being encouraged by the dangerous misinformation from those allies who offer only validation, and they won't listen to reason because the allies keep up the narrative that we are bigoted, phobic, and want to erase all people with a gender identity.

plantcomplex · 28/11/2025 23:18

SqueakyDinosaur · 28/11/2025 22:56

I think I've spotted a misgendering (correct sexing) in paragraph 133. Stand by for an appeal!

Edited

I think you're right.

In para 122 it also says: "At times in this Tribunal, both counsel
and the Judge have failed to use the claimant’s preferred pronoun. On each
occasion the person involved apologised. The claimant says they did not take
offence."

Combined with the so-called incidents of her colleagues failing to read her mind to use her prescribed pronouns, it all demonstrates how onerous and unnatural prescribed pronouns which don't match sex really are. Despite the manipulative claims that it's simple politeness and the easiest thing in the world to mangle your language on command.

"Misgendering" and "deadname" are both cult concepts used to control. The sooner they disappear the better.

NebulousProfessorSupportPostcard · 28/11/2025 23:07

Good catch! I hope the Judge has by now ordered herself and all panel members to send a written apology to Mx Heach, and has had the Rainbow Pledge added to the end of all oaths sworn in her court, by way of demonstrating true heartbroken sorrow, and a desire to do better in future.

SqueakyDinosaur · 28/11/2025 22:56

I think I've spotted a misgendering (correct sexing) in paragraph 133. Stand by for an appeal!

TheUnusuallyQuerulentMxLauraBrown · 28/11/2025 22:45

This reply has been deleted

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bringonyourwreckingball · 28/11/2025 22:41

ProfessorMyAmpleSheep · 28/11/2025 20:40

The definition of GR in the Act is only to try to spell out an unlawful ground of discrimination. It isn't supposed to be a generalized definition with any applicability outside of that specific Act.

I don't think I agree that it doesn't cover anyone. There are a bunch of people it very clearly does cover - and a bunch of people it very clearly doesn't. Then there are some arguable cases who should be covered and aren't, and perhaps shouldn't be covered and are.

Maybe one can understand "for the purpose of reassigning their sex" as meaning "for the individually satisfying but ultimately futile purpose of reassigning their sex". It doesn't have to be physically or legally possible - it can still be the protected person's purpose.

No I know that but I just think that whilst we can all agree that no one who falls under a protected characteristic of gender reassignment should be discriminated against or harassed because of that, we need to clearly delineate who that means so we can work out what that means for other protected groups ie mainly women

Justme56 · 28/11/2025 22:00

”asking that others use their preferred pronouns of they and them”

Looking at the case, ‘asking’ seems a little mild. I think ‘demanding or else’ seems a bit more appropriate.

ArabellaSaurus · 28/11/2025 21:54

CohensDiamondTeeth · 28/11/2025 21:24

Yes I remember when that happened.

I've had arguments with TRAs on here where I've pointed that particular case out, and that contrary to the TRA beliefs we are far from being phobic or bigoted, or wanting to erase or genocide trans identified people. I as a mean old TERF seem to care more about the health and wellbeing of trans identified patients in a medical setting, than the so called allies who come here to tell us all how mean we are for not putting validation over everything.

Wait til they hear about the Supreme Court judgement protecting pregnant transmen.

NotAtMyAge · 28/11/2025 21:37

Not the way I'd expected to spend Friday evening, but that was a total pleasure to read. 😊Such clear reasoning and a refreshing willingness to call out unreasonable behaviour, in this case entirely on the claimant's side. Gosh, she must be an insufferably self-absorbed person to work with.

DrProfessorYaffle · 28/11/2025 21:34

CohensDiamondTeeth · 28/11/2025 21:24

Yes I remember when that happened.

I've had arguments with TRAs on here where I've pointed that particular case out, and that contrary to the TRA beliefs we are far from being phobic or bigoted, or wanting to erase or genocide trans identified people. I as a mean old TERF seem to care more about the health and wellbeing of trans identified patients in a medical setting, than the so called allies who come here to tell us all how mean we are for not putting validation over everything.

Yes, the meanest of the mean to want to avert lifelong sexual dysfunction and urinary problems for someone who is completely healthy

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CohensDiamondTeeth · 28/11/2025 21:24

selffellatingouroborosofhate · 28/11/2025 15:30

https://www.nejm.org/doi/full/10.1056/NEJMp1811491

This woman's baby died in part because her medical records said "male".

Yes I remember when that happened.

I've had arguments with TRAs on here where I've pointed that particular case out, and that contrary to the TRA beliefs we are far from being phobic or bigoted, or wanting to erase or genocide trans identified people. I as a mean old TERF seem to care more about the health and wellbeing of trans identified patients in a medical setting, than the so called allies who come here to tell us all how mean we are for not putting validation over everything.

plantcomplex · 28/11/2025 21:19

This reply has been deleted

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

I thought this particular claimant sounded so divorced from reality that I am not sure she was noticing any of those things. The judgment comments at one point about her lack of insight into how intimidating her own behaviour was to others.

She just sounds like someone completely wrapped up in their cult beliefs and own distress. I am not sure that any of the external stuff is meeting needs, she just sounded very very internally focused on the "rules" of being NB.

Stopbringingmicehome · 28/11/2025 21:14

It's power.

Stopbringingmicehome · 28/11/2025 21:12

Since becoming an employment tribunal aficionado , I must say I've learnt a lot about how well thought out and lengthy thd decisions are. I'd previously assumed that there would be a brief 'guilty/not guilty' verdict with a cursory explanation at most. These judges certainly earn their crust.

OpheliaWitchoftheWoods · 28/11/2025 21:12

This reply has been withdrawn

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

DrProfessorYaffle · 28/11/2025 21:06

ProfessorMyAmpleSheep · 28/11/2025 20:40

The definition of GR in the Act is only to try to spell out an unlawful ground of discrimination. It isn't supposed to be a generalized definition with any applicability outside of that specific Act.

I don't think I agree that it doesn't cover anyone. There are a bunch of people it very clearly does cover - and a bunch of people it very clearly doesn't. Then there are some arguable cases who should be covered and aren't, and perhaps shouldn't be covered and are.

Maybe one can understand "for the purpose of reassigning their sex" as meaning "for the individually satisfying but ultimately futile purpose of reassigning their sex". It doesn't have to be physically or legally possible - it can still be the protected person's purpose.

Interesting.

I still think there is so much grey in this.

And I think the interplay with the much wider definitions used by Stonewall and the Trans policies we've seen in these tribunals.

They would argue saying you're Trans (as Haech did in a formal letter) would afford you the rights and protections in these policies and for some that would include time off for operations and demanding changed ID badges and changed email addresses etc.

They have been led up the garden path as to what legal protections they have for these unrealistic expectations they've been encouraged to have!

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ArabellaSaurus · 28/11/2025 21:06

Coatsoff42 · 28/11/2025 20:40

What has remained very irritating for me was that a patient seemingly requested a female therapist, and H was annoyed that she had been assigned to the patient. Because her image of herself was more important than patient comfort or consent.

I doubt the patient would have been interested in H’s self involved gender struggles, but wanted a biological woman.
In the end the patient wasn’t really bothered, if only the claimant had been more interested in patient recovery and less involved in her own image.

edited because it posted too soon!

Edited

To be perfectly honest, if I'd requested a female HCP and got given this person I'd have been worried they would have instigated a struggle session as soon as I failed to greet they in the properly effusive manner, and I think I'd have felt that they'd deliberately coerced and controlled me. I imagine they'd be rating my required apologies as 'disappointing' on the Grovelling Scale.

So, yes, if someone wants a female HCP a non binary person is probably not appropriate.

plantcomplex · 28/11/2025 21:04

She did sound very unwell. I do wonder the extent to which she was immersed in Reddit and being egged on.

It is worth reading the judgment all the way through as it comprehensively throws out her harassment claims. I think it is sad that the final paragraph was necessary.

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