LemonJello I don't know enough about the NHS but surely the duty of care to employees does not trump the duty of care to patients?
Yes I believe you are right. I don’t know much about it either but I was going on what bespin had said about the nhs based on professional experience of transitioning while employed by them.
In theory I can see what you're trying to say but I'm sure if a scenario like employee B arose it would be dealt with on a case by case basis.
What makes you sure? Bespin said otherwise. If a GRC is obtained, and it is illegal to ask for it, and a persons birth cert says female, then how would the employer legally be able to deal with it?
The EA states the exemptions can be applied to GRC holders so employee A could still have exemptions applied to them.
In theory yes, but bespin says this does not happen in practice if employee has GRC and therefore female birth cert.
Similarly, under the current law employee B may be 'living as a woman' as required in order to obtain a GRC and therefore would be treated as a woman at work.
In any work place that deals with sensitive female issues, massive alarm bells would go off if a man was trying to ID as a woman just so he could be 'the woman' who deals with them. It's not going to suddenly appear perfectly normal if the admin process for getting a GRC changes.
Again I think you are right here but my concern here is not about men abusing the system (although I do think this is a concern). It is about the patient being faced with a transwoman who she knows may not be subject to the medical gatekeeping that previously engendered trust in the whole “sex change” scenario, and whom she knows could be trans as defined by Stonewall eg transvestite with fetish.
That knowledge that she could be faced with someone this, is enough to put some women off accessing the healthcare they need eg smears.
Trust in the process is vital. And at the moment is not there. And I see absolutely no effort to address women’s concerns- either they are brushed away or they are used as stuck to beat women with for being “transphobic”.
I am certain that most people employed in the caring professions are just that- caring and professional. I’m sure most would understand the impact their trans status would have on a patient requesting a female member of staff.
But we have seen that not all do unfortunately. I’m thinking of the case where a woman requested a female member of staff to carry out her smear and was faced with a transwoman.
That has really happened. Women are not making this stuff up. These are legitimate concerns and I’m afraid that your certainty that it would be dealt with appropriately is not enough to reassure us when it has demonstrably not been dealt with appropriately already!