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Feminism: Sex and gender discussions

Whistleblowers at EHRC say that Kishwer Falkner is the victim of a 'witch-hunt by trans lobby'

301 replies

IwantToRetire · 23/05/2023 01:36

Relations are said to have soured after she backed legal reforms guarding the rights of biological women in single-sex spaces such as hospital wards and toilets.

The employees at the Equality and Human Rights Commission are said to have compiled a dossier, setting out more than 40 complaints aimed at Baroness Falkner by a dozen current and former colleagues. A source said: 'People within the organisation are deeply concerned that this is a witch-hunt.

'The timing is extremely questionable. There is no doubt in my mind that this is ideologically motivated and is a way to take a scalp in revenge. ...

Baroness Falkner is said to have been left 'heartbroken' by the allegations but those close to her said her 'conscience was clear'. They branded the move by EHRC staff a 'failed coup d'etat'.

Members of the commission's board, which is headed by Baroness Falkner, have called for an overhaul of the 2010 Equality Act, which refers to gender and sex interchangeably.

They argue it should be amended to explicitly define sex as 'biological sex' to bring legal clarity in areas including sport and ensure only 'biological women' can use single-sex spaces.

Staff from the executive team were said to having been pushing to allow for gender self-identification, allowing trans people to state their chosen gender without any medical diagnosis.

A second source said: 'The executive just refused to accept the board's decision. There were strenuous efforts to reject it and it was around this time allegations were starting to be made.

'There is a very progressive, activist-inclined staff who are influenced by organisations and groups like Stonewall.'

The source said senior executives had grown accustomed to calling the shots at the commission but this changed when Baroness Falkner took over to provide 'real leadership'.

They said the complaints felt like a move to 'get her', adding: 'This process of finding fault with Kishwer is clearly political.' The dossier is said to have made claims of discrimination, including transphobia, bullying and harassment. ...

Full story (sorry!) at DM https://www.dailymail.co.uk/news/article-12112707/Whistleblowers-human-rights-commission-say-boss-facing-witch-hunt-trans-lobby.html

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ResisterRex · 26/05/2023 14:03

She should definitely have her costs reimbursed, pretty much either way. Perhaps there's some technical point about being on a board or being a commissioner, that means you're not staff so you're liable for your own costs? But this cost was incurred through work, so it still seems strange.

Datun · 26/05/2023 14:08

ArabeIIaScott · 26/05/2023 13:54

It shouldn't be forgotten. Anyone who has hounded and bullied Baroness Falkner, or made up unsubstantiated allegations to try and smear her, should face consequences.

And she should have her costs reimbursed.

We cannot have people bring down due process like this, it's not a sustainable way to run a country.

Definitely.

ResisterRex · 26/05/2023 14:10

The Times reports others saying she can't get a fair hearing, and that Marcial Boo may not last

Bullying inquiry suspended at equalities watchdog over trans rights row

www.thetimes.co.uk/article/7782e00a-fb99-11ed-9be0-622d8a105167?shareToken=c69dd9494ef72c03439ff7d6ad072b7e

ArabeIIaScott · 26/05/2023 14:12

'One senior Whitehall source said that the position of Marcial Boo, the EHRC’s chief executive, was now “untenable” and that the organisation was in “chaos”. The source added: “It is very hard to see how he can remain in post. He has totally mishandled the situation.”'

How has he? I can't see what Boo has done wrong.

GailBlancheViola · 26/05/2023 14:12

ArabeIIaScott · 26/05/2023 13:54

It shouldn't be forgotten. Anyone who has hounded and bullied Baroness Falkner, or made up unsubstantiated allegations to try and smear her, should face consequences.

And she should have her costs reimbursed.

We cannot have people bring down due process like this, it's not a sustainable way to run a country.

This with fucking bells on.

Just who the hell do the people who are doing this think they are? Clearly think they are above the Law and due process whether that be in employment or any other arena. Well, they are not and it's high time they faced the consequences.

ArabeIIaScott · 26/05/2023 14:12

That 'source' - I wonder if she or he is on WESC.

ResisterRex · 26/05/2023 14:17

Potentially there could be some process point if he allowed this parallel / quasi-complaints chain of events to happen? You'd think someone would have had to sign off the spend at least, and the fact it's gone outside.

ArabeIIaScott · 26/05/2023 14:40

Hm. I expect the EHRC is as duty bound to investigate this type of complaint as any other organisation/public body.

Datun · 26/05/2023 14:44

All this does indeed go to show how the equality act has been deliberately misrepresented by transactivists since the beginning. And how clarification that of bloody course sex means biological sex, will be their undoing.

They are desperate.

GailBlancheViola · 26/05/2023 14:46

ArabeIIaScott · 26/05/2023 14:40

Hm. I expect the EHRC is as duty bound to investigate this type of complaint as any other organisation/public body.

Yes they are, but in the correct way and what happened here was anything but correct.

I agree they are becoming desperate @Datun , their behaviour is escalating off the charts.

Needmoresleep · 26/05/2023 15:25

Are the staff Civil Servants? If so shouldn't Simon Case, Cabinet Secretary and therefore the Head of the Civil Service, step in, or at least bring himself up to speed.

I think the Government have rightly held back from making comment. Our Civil Service needs to be less political rather than more.

ArabeIIaScott · 26/05/2023 15:52

I'm not sure, they seem to be a statutory independent body so unsure of how it fits within other govt structures.

BreadInCaptivity · 26/05/2023 16:00

Has anyone got a share token for the times editorial please?

The Times view on Baroness Falkner: Hit Job

BreadInCaptivity · 26/05/2023 16:06

ArabeIIaScott · 26/05/2023 14:12

'One senior Whitehall source said that the position of Marcial Boo, the EHRC’s chief executive, was now “untenable” and that the organisation was in “chaos”. The source added: “It is very hard to see how he can remain in post. He has totally mishandled the situation.”'

How has he? I can't see what Boo has done wrong.

Because this shit show happened on his watch.

He's allowed a situation where due process was not followed and I can't imagine he was unaware of a £100k plus spend on a KC enquiry.

If he was unaware wtf is he doing and if he was, why didn't he say no, not until an internal investigation has been done.

It's also not clear if he was a member of the executive who was pissed off with Falkner pushing through the sex clarification message - so may not be impartial on this matter.

We don't know what his views are, but in allowing this witch hunt and a dossier full of churlish crap to escalate as it has done means his impartiality shouldn't be assumed.

Imnobody4 · 26/05/2023 17:02

It is understood that the EHRC has also refused to pay Falkner’s legal expenses to be represented in the inquiry. She is understood to have taken a period of leave.
From the Times article. I hope she's OK..

IwantToRetire · 26/05/2023 17:06

I was tempted to start a new thread just to get the news picked up by google etc., (who love a mumsnet thread title)

But now I have re-read the Telegraph article I think my intial joy needs to be tempered by reality.

Now, the investigation into the complaints has been suspended, hours after 54 cross-party peers including Lord Frost, Baron Roberts and Baroness Jenkin backed the EHRC chief

This investigation has been paused. This is while we seek legal advice on the impact of leaked confidential information. We must ensure its integrity and that it is fair to all parties concerned.

ie it could still go ahead.

Baroness Falkner said in a statement that she had “every confidence in being exonerated” and has neither been interviewed nor had any formal employment complaints filed against her, and was “presenting a detailed rebuttal”.

I suspect the trans activists will not let this go. They will just paint this as the right wing extremists looking after one of their own.

Though in all honesty, if it was possible to take all the bile and misreporting out of it, how could any fair hearing go ahead now.

On a foot note am please that the Telegraph mentioned the piss demonstration. Sheds some light on the mentality of those attacking Baroness Falkner and th EHRC trying to create a balance between trans rights and women's rights.

Telegraph full article here https://www.telegraph.co.uk/news/2023/05/26/ehrc-suspends-investigation-baroness-falkner/ and available at https://archive.ph if you paste in the Telegraph link.

Investigation into Baroness Falkner suspended after 'civil servant coup'

Britain's equality watchdog chief was target of complaints which triggered major backlash

https://www.telegraph.co.uk/news/2023/05/26/ehrc-suspends-investigation-baroness-falkner

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ResisterRex · 26/05/2023 17:34

Reading it again too:

This investigation has been paused. This is while we seek legal advice on the impact of leaked confidential information. We must ensure its integrity and that it is fair to all parties concerned.

What is the legal status of the investigation if it's one being run outside the normal rules? Null and void, presumably. No point in - or way to - make a parallel process, fair to all...because it lacks legitimacy so it's not worth bothering with to begin with.

Imnobody4 · 26/05/2023 17:37

Angela Eagle behaving disgracefully on Politics Live.twitter.com/BenPBradshaw/status/1661592189602787330?t=0ir-MF0LmM6nx5C9L4FTWw&s=19

IwantToRetire · 26/05/2023 17:49

I hope C4 news is held to account because, with out saying there is any merit in the complaints, they have effectively scuppered any investigation by broadcasting leaks as facts.

And hopefully it will make other trans activists who think they can just cry transphobia that everyone will fall into line behind them

I hope it is settle soon because if there isn't a clear decision to drop the investigation or a clear timetable to examine it means Baroness Falkner will be left in limbo.

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Hepwo · 26/05/2023 18:03

ArabeIIaScott · 26/05/2023 14:12

'One senior Whitehall source said that the position of Marcial Boo, the EHRC’s chief executive, was now “untenable” and that the organisation was in “chaos”. The source added: “It is very hard to see how he can remain in post. He has totally mishandled the situation.”'

How has he? I can't see what Boo has done wrong.

He's the one that immediately took it external though.

I expect he considered an internal investigation to have conflicts of interest and so an external review to be in the best interests

I've had this done to me three times (I work in HR in HE).

It's absolutely horrible. But each time I've known I was going to come through it without sanction because I had acted fairly and legally. Each time the organization paid for lawyers to act for the person accusing me and for lawyers to investigate me. I chose not to appoint a lawyer because, well, I had already used a QC to decide what was fair and legal in the first place. As has the Baroness. You are basically paying lawyers to review the application of other lawyers work for the complainers.

I expect the Baroness has chosen to appoint an advisor for time and legal accuracy reasons. She has a busy job. And I would imagine it's very useful to get legal opinion on what you have done for future reference and media or vexatious inquiries.
I have all the reports done on me and they're all fabulous, it's like getting an outstanding work appraisal.

It's the downside of working in environments were hostile activism is considered fair play by staff.

It's definitely not chaos though, it's a tiny number of shit stirrers that do it. It's great that this crap is being reported on though as it's increasing in public sector entities and is something that should be pushed back on if possible. In this case I think the intensity needs to be deflated by a couple of barristers unraveling all the grievances line by line with a cold legal perspective.

It's rough though when you are going through it and I'm glad the Baroness has shared her feelings. not that it makes any difference to the detractors.

TraumatisedGooner · 26/05/2023 18:07

Leaks are bad.
Except when it was leaks from those supportive of Falkner.
That's fine.

Hepwo · 26/05/2023 18:16

TraumatisedGooner · 26/05/2023 18:07

Leaks are bad.
Except when it was leaks from those supportive of Falkner.
That's fine.

You are being ridiculously trite.

The problem with leaking is that the first hand witness statements are then at risk of being influenced by things that have been heard on C4 and not directly. This is the same in many justice processes.

Maya's tribunal was full of this hearsay. It's why they take so long to unravel as each claim has to be taken back to first hand evidence.

It may just end up with some witness statements being considered hearsay.

Twitter is now full of people quoting the lipstick wearer's comments as fact for example, when the lipstick wearer is simply repeating hearsay.

ArabeIIaScott · 26/05/2023 18:17

Imnobody4 · 26/05/2023 17:02

It is understood that the EHRC has also refused to pay Falkner’s legal expenses to be represented in the inquiry. She is understood to have taken a period of leave.
From the Times article. I hope she's OK..

FFS. I do, too. It's intolerable that they hound women like this.

ArabeIIaScott · 26/05/2023 18:19

Hepwo, I'm sorry to hear you've been through all these investigations, it must be very stressful. But fab that you've ended up with your reputation burnished!

Hepwo · 26/05/2023 18:27

ArabeIIaScott · 26/05/2023 18:19

Hepwo, I'm sorry to hear you've been through all these investigations, it must be very stressful. But fab that you've ended up with your reputation burnished!

It happened in the private sector a couple of times but they are far more likely to recognise that people are over the line of reasonableness and push back or just pay them a tiny amount to go away.

I'm amazed at how much student money academic staff are willing to waste on barristers though over their futile claims.

EDI policies have become a massive income stream for the legal profession. I could become cynical about who profits from this! It's not the education system. Your kids at university are paying for academics to fight with each other through lawyers.