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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:
Discovereads · 10/06/2022 09:32

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.

No I do not think it was an “Equality Act” Tribunal don’t be silly. I just didn’t feel like typing “Employment Appeal” out.

If you read the judgement excerpt, I posted it referenced the Equality Act throughout. When I’ve mentioned the Equality Act it has been regarding those references within the judgement itself.

Yes was an EAT decision, but the judgement reasoning has wider implications and could be used for consistent application of the law in other U.K. Tribunals or even civil/criminal settings. As many professional commentators on the judgement have pointed out.

NecessaryScene · 10/06/2022 09:35

could be used for consistent application of the law

What law though? The "you have to be polite to people who turn up to your house and start an argument and not disagree with them" law?

Discovereads · 10/06/2022 09:38

Datun · 10/06/2022 09:23

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.

It’s still arguable. If anything for the delivery driver to defend herself at an Employment Tribunal as KJK is pushing Waitrose to have the delivery driver sacked over the incident.

CanaryWharf2 · 10/06/2022 09:40

Discovereads · 10/06/2022 08:16

Have another read of this. Your gender critical beliefs to not allow you to misgender with impunity. Calling it “sexing” (which is something we do to animals) doesn’t shield you from liability under the Equality Act.

”The judgment of the EAT in the Forstater v CGD Europe & ors UKEAT/0105/20/JOJ

“The Claimant is subject to same prohibitions on discrimination, victimisation and harassment under the EqA as the rest of society. Should it be found that her misgendering on a particular occasion, because of its gratuitous nature or otherwise, amounted to harassment of a trans person (or of anyone else for that matter), then she could be liable for such conduct under the EqA. The fact that the act of misgendering was a manifestation of a belief falling with s.10, EqA would not operate automatically to shield her from such liability. The Tribunal correctly acknowledged, at para 87 of the Judgment, that calling a trans woman a man “may” be unlawful harassment”

I didn’t call it “sexing”, you are the only one to use that word.

Your belief in an innate gender is a religious one, it’s akin to claiming you have a sexed soul. People not in your religion can’t be expected to play along with your rules.

GCRich · 10/06/2022 09:40

NecessaryScene · 10/06/2022 09:35

could be used for consistent application of the law

What law though? The "you have to be polite to people who turn up to your house and start an argument and not disagree with them" law?

The other thing that seems to be missing is that if Discovereads interpretation of the law were somehow to be correct then the result would be -

More people realising the insanity of the TRA movement
More people deliberately misgendering when they might have previously been polite, out of solidarity for those people being prosecuted.
A ludicrous situation where the courts can't prosecute real crimes because there is a misgendering logjam (or a situation where misgendering is simply not prosecuted)
A re-writing of the law to make it clear that correctly sexing people when you use your third party pronouns to refer to the sex of someone.

diningiswest · 10/06/2022 09:42

PurgatoryOfPotholes · 09/06/2022 22:40

Let's just zero in on Discovereads opinions here.

she was very rude and bigoted towards a transwoman by deliberately misgendering them, telling them not to use womens spaces and ordering them off her property. I think the driver was right to lodge a complaint on those grounds alone. I think Waitrose was right to send her a warning letter.

As Kelly-Jay was speaking to this driver, and thus using the pronoun you, no misgendering could have been happening. So that leaves Discovereads claiming that Kelly-Jay was "very rude and bigoted" because she said not to use women's spaces and ordered someone else to leave her property. Women are now expected to nod and smile when male transitioners are on our private property? It's all safe space this, safe space that, except for women!

What would she have to do to not be a bigot? Lie down on the driveway and be a literal doormat for the driver?

This, totally

CanaryWharf2 · 10/06/2022 09:42

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.

Yes, if a person comes into your house and lies to you it’s acceptable to correct them. If a visitor told me I was going to hell they’d get a similarly dismissive answer.

CanaryWharf2 · 10/06/2022 09:44

Discovereads · 10/06/2022 08:56

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.

It’s as real as the Holy Ghost.

RoseslnTheHospital · 10/06/2022 09:45

"KJK is pushing Waitrose to have the delivery driver sacked over the incident." Really, @Discovereads ? Where do you get that from?

GCRich · 10/06/2022 09:46

It’s still arguable. If anything for the delivery driver to defend herself at an Employment Tribunal as KJK is pushing Waitrose to have the delivery driver sacked over the incident.

Is she pushing to have him sacked or is she just pointing out that his complaint about her is unfounded?

It might be quite interesting. Does Waitrose have a duty of care to check the political views of it's customers, to ensure that it's drivers aren't put in the position of finding themselves wanting to chat about politics but not liking the way the conversation is going? Does Waitrose have a duty to take the side of employees over customers in political debates? Should Waitrose be doing more to protect their employee who is clearly deeply vulnerable (I am serious - if he is unable to be polite when faced with a difference of opinion or reality he is deeply vulnerable)?

Discovereads · 10/06/2022 09:46

NecessaryScene · 10/06/2022 09:35

could be used for consistent application of the law

What law though? The "you have to be polite to people who turn up to your house and start an argument and not disagree with them" law?

Oooh yes, that law exactly! 🙄

GCRich · 10/06/2022 09:47

RoseslnTheHospital · Today 09:45

"KJK is pushing Waitrose to have the delivery driver sacked over the incident." Really, @Discovereads ? Where do you get that from?

Yeah, I'm pushing to get him sacked. I'll follow up on my complaint later. But I'm not sure KJK is.

diningiswest · 10/06/2022 09:47

Question, is Waitrose a Stonewall Diversity Champion or not?

Belovedfool · 10/06/2022 09:49

twitter.com/ZubyMusic/status/1534896565348929537?cxt=HHwWgsC4ieiShs0qAAAA

"I remember when people said they just wanted to be left alone and not be discriminated against...

Now, they want everybody to be forced to pledge allegiance and participate.

This is an excellent way to go backwards and foment resentment. I can only assume that is the goal."

diningiswest · 10/06/2022 09:49

Answered by me, yes they still are

Discovereads · 10/06/2022 09:50

RoseslnTheHospital · 10/06/2022 09:45

"KJK is pushing Waitrose to have the delivery driver sacked over the incident." Really, @Discovereads ? Where do you get that from?

Her video. You have to stick through the wittering on about some documentary she intends to post a blow by blow review on and also instructions to someone to email her with their order number and so on. Is is barely coherent. But near the end she describes the “Dear Carol” letter she sent back to Waitrose. Also the fact she’s published this YouTube video expressing her outrage and deliberately getting her adoring fans to send letters of complaint to Waitrose demanding the driver be sacked kind of also gives the game away. Several posters on this thread have admitted to doing as much.

Discovereads · 10/06/2022 09:52

she just pointing out that his complaint about her is unfounded?

But the complaint was not unfounded. The letter from Waitrose stated she had verbally abused the driver and she of her own free will proudly confessed to verbally abusing the driver with “colourful language” in her video.

Discovereads · 10/06/2022 09:55

CanaryWharf2 · 10/06/2022 09:44

It’s as real as the Holy Ghost.

Yeah if you say so. Tell me is the ONS gathering statistics on the Holy Ghost? Has Parliament passed a Holy Ghost Recognition Act? Hmm?

Datun · 10/06/2022 09:56

Discovereads · 10/06/2022 09:50

Her video. You have to stick through the wittering on about some documentary she intends to post a blow by blow review on and also instructions to someone to email her with their order number and so on. Is is barely coherent. But near the end she describes the “Dear Carol” letter she sent back to Waitrose. Also the fact she’s published this YouTube video expressing her outrage and deliberately getting her adoring fans to send letters of complaint to Waitrose demanding the driver be sacked kind of also gives the game away. Several posters on this thread have admitted to doing as much.

So she does or she doesn't say she's trying to get him sacked?

Belovedfool · 10/06/2022 09:57

"I'll take my time" when asked to leave her property, and a very very VERY clear statement of his absolute intention to share changing rooms and toilet space with her daughter (which you'd have to be a little dense not to realise is gloating AND an implied threat) mean the driver is not a squeaky clean little innocent here, Discovereads.

Are you prepared to be honest and accept that, publicly?

Datun · 10/06/2022 09:58

Discovereads · 10/06/2022 09:52

she just pointing out that his complaint about her is unfounded?

But the complaint was not unfounded. The letter from Waitrose stated she had verbally abused the driver and she of her own free will proudly confessed to verbally abusing the driver with “colourful language” in her video.

Verbally abusing someone and telling them to fuck off your property when they won't leave, are not the same thing

Discovereads · 10/06/2022 10:01

CanaryWharf2 · 10/06/2022 09:40

I didn’t call it “sexing”, you are the only one to use that word.

Your belief in an innate gender is a religious one, it’s akin to claiming you have a sexed soul. People not in your religion can’t be expected to play along with your rules.

I’m afraid you have it backwards. It’s “gender critical” that is designated as a protected belief akin to religion. You can’t expect a society (which has passed laws like the Gender Recognition Act and written numerous scientific texts on gender identity) to play along with your belief that gender identity does not exist.

Discovereads · 10/06/2022 10:03

Datun · 10/06/2022 09:58

Verbally abusing someone and telling them to fuck off your property when they won't leave, are not the same thing

“When they won’t leave” is fiction. The driver never refused to leave. Even by KJKs own account.

Discovereads · 10/06/2022 10:06

Datun · 10/06/2022 09:56

So she does or she doesn't say she's trying to get him sacked?

Are you seriously arguing she is not trying to get her sacked?

CanaryWharf2 · 10/06/2022 10:09

Discovereads · 10/06/2022 09:55

Yeah if you say so. Tell me is the ONS gathering statistics on the Holy Ghost? Has Parliament passed a Holy Ghost Recognition Act? Hmm?

Yes, they collect data on other religious beliefs too. You know this though, so why the disingenuity?