JR - she said you were a man, asked about chromosomes and prisons, how did you feel?
DU - awful, really really upset. I've never been spoken
DU - to like that. It was awful to be compared to someone like that. Someone casting aspersions on my people. I was upset and afraid actually I didn't know what it would mean going forward, would have to raise it but just wanted to extricate myself.
JR - why were you afraid?
DU - away from others, unlikely to be overheard, comparing you to someone who has committed terrible acts and they are confronting you and saying things about your community I was afraid. It was hurtful
The striking terminology he uses refers to “my people” and “(his) community" i.e. males identifying as trans. That community is not that of women - it is a distinctly separate community, and one he identifies with.
Many moons ago, I fought an Employment Tribunal Case over 5 years and at least in part understand the sense of injustice that SP is going through and the impact on her personal life. see BF Components Ltd v Grace [2008] EWCA Civ 393 CA. NC will be familiar with the Specialist Employment Barrister, a good friend, who represented me at the Court of Appeal, having self-represented at all times.
It is now established Case Law, and the case is occasionally quoted - for there to be consideration of illegal conduct, misrepresentation has to be a component for conduct to be illegal or tainted with illegality.
Upton is a Dr who is misrepresenting his sex and is fully aware he is doing so. His conduct entering a changing room exclusively reserved for the use of females - and not his community or his people by way of his own submissions through the Tribunal - is illegal. I think this is a point worth pressing I think or at least considering.