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Feminism: Sex and gender discussions

Waitrose delivery driver

633 replies

MsMoorhead · 09/06/2022 08:16

Kellie Jay-Keen reported by her Waitrose delivery driver!

OP posts:
RufustheFloralmissingreindeer · 10/06/2022 08:38

Motorina · 10/06/2022 07:18

Deliberate misgendering is a form of harrassment.

It depends on context, surely.

If a transwoman asks me, directly, "Am I a woman?" then they should be alive to the possibility I may give an honest answer. In the same way, if I ask, "Does my bum look big in this?" I can't really complain if told it does.

If I run down the street after a transwoman shouting, "You're bloke in a frock!" then that's harrassment. Just in the same way that running up to a stranger and shouting "fat arse!" is.

From KJK's account - and I accept we only have one side - what happened was much closer to the former.

i agree completely

EmbarrassingHadrosaurus · 10/06/2022 08:43

I think KJK would have a hard time proving her personal attack was not gratuitous.

KJK has faced down spurious allegations before.

I'd wonder about framing a response to a question as a personal attack. No matter how many times you wish it to be otherwise, we don't have a responsibility to validate somebody's immersive fiction.

Discovereads · 10/06/2022 08:47

Johnnysgirl · 10/06/2022 08:33

KJK didnt have to take the conversation down the personal attack route, but she did.
Stating biological reality is not a personal attack.

I think the tribunal would disagree.

Apollo442 · 10/06/2022 08:49

But lying about your sex is ok?

NecessaryScene · 10/06/2022 08:50

I think the tribunal would disagree.

We've already established we're not in Canada.

Johnnysgirl · 10/06/2022 08:52

Discovereads · 10/06/2022 08:36

I rather think the opposite. When the transwoman delivery driver said they were a woman, was it necessary or warranted for KJK to then deliberately deny their identity by saying “No, you’re a man”? I think KJK would have a hard time proving her personal attack was not gratuitous.

I'd say the trans woman gratuitously stated they were a woman, certainly.
A response to that can in no way be considered gratuitous.

Clangyleg · 10/06/2022 08:54

And we are pretty sure the whole thing was engineered by the delivery driver anyway in order to get a a woman who clearly believes facts over fiction punished.

Discovereads · 10/06/2022 08:56

EmbarrassingHadrosaurus · 10/06/2022 08:43

I think KJK would have a hard time proving her personal attack was not gratuitous.

KJK has faced down spurious allegations before.

I'd wonder about framing a response to a question as a personal attack. No matter how many times you wish it to be otherwise, we don't have a responsibility to validate somebody's immersive fiction.

The letter Waitrose sent stated KJK was verbally abusive to the delivery driver. Those are not spurious allegations because she literally confessed to verbally abusing the delivery driver in her video.

Im sorry , but it’s not validating “somebody’s immersive fiction” to simply not dispute the (very real) existence of someone’s legal gender identity to their face.

Discovereads · 10/06/2022 09:02

Johnnysgirl · 10/06/2022 08:52

I'd say the trans woman gratuitously stated they were a woman, certainly.
A response to that can in no way be considered gratuitous.

Lol. The issue is was the misgendering of gratuitous nature (or otherwise as in doesnt even have to be gratuitous to be unlawful harrassment). It doesn’t matter if statements beforehand were gratuitous or not. It doesn’t work that way. You can’t say any statement after a gratuitous statement automatically cannot be gratuitous. That’s like saying any statement after a verbally abusive statement automatically cannot be verbally abusive. Each statement stands on its own merits or falls in its own shortcomings.

Discovereads · 10/06/2022 09:05

Clangyleg · 10/06/2022 08:54

And we are pretty sure the whole thing was engineered by the delivery driver anyway in order to get a a woman who clearly believes facts over fiction punished.

This is batshit conspiracy theory. Delivery drivers go where Waitrose tells them to go. They don’t cyber stalk and then set their delivery schedule so they can deliver to specific address because they feel like being verbally abused. KJK isn’t even that famous. I’d never heard of her before this thread.

HipTightOnions · 10/06/2022 09:05

someone’s legal gender identity

Thee is no such thing.

Motorina · 10/06/2022 09:05

Discovereads · 10/06/2022 08:47

I think the tribunal would disagree.

I chair tribunals. One of the precepts is that every decision is nuanced and context specific.

You simply can't take one part of one sentence in what is itself a nuanced decision, and apply it as a blanket rule to an entirely different context, in a different social setting, with different power dynamics.

That's just not the way it works.

You can (or the delivery driver could, at least) have their lawyers argue that KJK's words were gratuitous, overstepped the line, and thus constituted harrassment.

At least, they could if there were a tribunal system for grocery store and customer disputes. Which, as far as I know, there isn't.

Equally KJK's lawyers could argue that her words were the expression of a legitimately held belief, made in the context of a political conversation, initiated by the driver, and were thus entirely reasonable.

Those are both legally arguable positions. But they need to be argued. You can't just take a snippet of a sentence and use it as a mantra to declare your position true. That's not the way it works. Context matters.

And that's why the lawyers earn the big bucks.

EmbarrassingHadrosaurus · 10/06/2022 09:11

Lol…Each statement stands on its own merits or falls in its own shortcomings.
or
You can't just take a snippet of a sentence and use it as a mantra to declare your position true. That's not the way it works. Context matters.

As I'm choosing between the 'lol' assertion of a preferred reality and Motorina's nuanced account based on experience as a tribunal chair, I'm more persuaded by the latter.

Discovereads · 10/06/2022 09:12

NecessaryScene · 10/06/2022 08:50

I think the tribunal would disagree.

We've already established we're not in Canada.

Clearly you’re not taking the time read my posts otherwise you’ve have read “U.K. EA Tribunal” and realised oh, this is from the U.K. instead of Canada.

Try reading before responding. Don’t be a pigeon.

Strawberriesaregreat · 10/06/2022 09:14

My delivery driver thought it was ok, a few months ago, to questionnaire I was still testing and why I was wearing a mask. I told him I didn't want to discuss it with him. I'd already put online that we had covid in the house at the time. I wasn't infected. Passed me off no end. The next time I had him deliver, he didn't hardly say a word. I was fuming. Should've complained but didn't want him to lose his job. However, I fully agree with Kellie Jay and I congratulate her on her work.

Discovereads · 10/06/2022 09:17

Motorina · 10/06/2022 09:05

I chair tribunals. One of the precepts is that every decision is nuanced and context specific.

You simply can't take one part of one sentence in what is itself a nuanced decision, and apply it as a blanket rule to an entirely different context, in a different social setting, with different power dynamics.

That's just not the way it works.

You can (or the delivery driver could, at least) have their lawyers argue that KJK's words were gratuitous, overstepped the line, and thus constituted harrassment.

At least, they could if there were a tribunal system for grocery store and customer disputes. Which, as far as I know, there isn't.

Equally KJK's lawyers could argue that her words were the expression of a legitimately held belief, made in the context of a political conversation, initiated by the driver, and were thus entirely reasonable.

Those are both legally arguable positions. But they need to be argued. You can't just take a snippet of a sentence and use it as a mantra to declare your position true. That's not the way it works. Context matters.

And that's why the lawyers earn the big bucks.

Take note. The poster that chairs tribunals has acknowledged that the delivery driver has an arguable case for harrassment against KJK.

I’ve taken note that KJK can also argue otherwise. You should do the same.

EmbarrassingHadrosaurus · 10/06/2022 09:19

Im sorry , but it’s not validating “somebody’s immersive fiction” to simply not dispute the (very real) existence of someone’s legal gender identity to their face.

KJK was invited to validate somebody's immersive fiction: she declined.

The existence of someone’s legal gender identity is part of what seem to be your preferred version of the law, which at this point of the thread is looking akin to an immersive reality for you.

Datun · 10/06/2022 09:23

Discovereads · 10/06/2022 09:17

Take note. The poster that chairs tribunals has acknowledged that the delivery driver has an arguable case for harrassment against KJK.

I’ve taken note that KJK can also argue otherwise. You should do the same.

Dear lord.

At least, they could if there were a tribunal system for grocery store and customer disputes. Which, as far as I know, there isn't.

GCRich · 10/06/2022 09:24

KnightsofNi · 10/06/2022 00:28

In today’s political climate, adult human female or women signs are a political statement.

I’m absolutely not attacking KJK for displaying those signs, but one of the reasons why we put up posters, flags etc is because we want people to engage with them.

It’s a form of political evangelisation. The driver overstepped his job responsibilities by choosing to verbally engage but had a different driver attended, struck up a conversation and KJK helped them reached the summit of a mountain, it would have been job done and the signs served their purpose.

If I was delivering to a house with a rainbow flag and a slogan about TWAW, I’d remember I was representing my employer and bite my tongue.

I think verbally engaging is fine... but only if you know when to stop.

For example, the driver turns up and there is a Conservative Party poster up.

The driver is a committed labour supporter who literally detests the Tories. He should say NOTHING.

The driver is a Tory supporter who thinks Johnson is the best PM ever. He might say in passing "Johnson's had a tough few weeks hasn't he?" If the response is "that's my husband's poster, I cant stand the Tories" then the driver should probably respond with "the weather's looking good for the weekend isn't it?"

I suspect this trans activist misogynist bully knew exactly what he was doing, but I don;t really care either way. Once the difference of opinion was out in the open he was incredibly entitled, out of order and somewhat threatening. That is a massive customer service failure that requires retraining at best, but, I suspect, the bloke needs to be stacking shelve after hours or to be sacked - clearly not mature enough for customer facing roles.

NecessaryScene · 10/06/2022 09:25

Clearly you’re not taking the time read my posts otherwise you’ve have read “U.K. EA Tribunal” and realised oh, this is from the U.K. instead of Canada.

You do know you can't just take random people to an employment tribunal? You do have to actually work for them.

Hang on - "EA Tribunal"? You what? You think that's "Equality Act Tribunal"? No, that's not a thing. That "EAT" was "Employment Appeal Tribunal".

You're getting confused with the Canadian Human Rights Tribunal, who, sure, do let people like Yaniv bring dumb cases. I can vaguely imagine this driver getting somewhere with them.

Discovereads · 10/06/2022 09:26

HipTightOnions · 10/06/2022 09:05

someone’s legal gender identity

Thee is no such thing.

Gender Identity
www.ons.gov.uk/methodology/classificationsandstandards/measuringequality/genderidentity

Gender Recognition Act 2004
www.legislation.gov.uk/ukpga/2004/7/contents

Clymene · 10/06/2022 09:28

Gender identity is not a legal status @Discovereads. Despite what stonewall might tell you.

Dearie me.

GCRich · 10/06/2022 09:29

Datun

Dear lord.

At least, they could if there were a tribunal system for grocery store and customer disputes. Which, as far as I know, there isn't.

OMG - it's just occurred to me. These sick homophobic and misogynistic TWs who claim to be lesbians probably think that when a lesbian turns them down they have a right to take her to a Tribunal and have her held to account for her bigotry. They literally don't get that your rights as an employee or your rights as a service user are not the same as your rights as a person having a chat or your rights as someone who wants sex.

NecessaryScene · 10/06/2022 09:30

It's certainly educational, watching an utterly devoted activist demonstrate in real-time how the slightest concession in language, politeness, whatever will be used as a wedge to further undermine women's rights.

And they wonder why the resistance is so stiff these days.

And why an increasing number of people coming to the conclusion that the GRA needs to be overturned.

Datun · 10/06/2022 09:32

GCRich · 10/06/2022 09:29

Datun

Dear lord.

At least, they could if there were a tribunal system for grocery store and customer disputes. Which, as far as I know, there isn't.

OMG - it's just occurred to me. These sick homophobic and misogynistic TWs who claim to be lesbians probably think that when a lesbian turns them down they have a right to take her to a Tribunal and have her held to account for her bigotry. They literally don't get that your rights as an employee or your rights as a service user are not the same as your rights as a person having a chat or your rights as someone who wants sex.

Yes, it's long been noted that some people regard woman's sexual participation as an equal rights issue.