Another GC employment tribunal. Adam's vs Edinburgh Rape Crsis

[Rainbowshit]

x.com/tribunaltweets/status/1746830866020442400?s=46&t=AjtjSItRj-kgZwRzL-pdyQ

Claiming constructive dismissal for GC beliefs.

ERC CEO is a well known transwoman know for controversial "reframe your trauma" remarks.

By treating non-binary people logically. They are ineligible for sex-specific positions.

They need to follow through on their beliefs. If they're asking for special "I'm neither sex" provision, then they should get that.

They're free to do whatever they want to do in situations that are not sex-specific. But they can't just act as if they have a sex wildcard.

I agree. It fits with what I think about "non binary" in general that people who identify this way seem to act that way so often.

They had all of the usual policies in an employee handbook. And staff bound to them by contract.

Should any organisation with a 'hate' folder for complaints / questions / safeguarding concerns (a traumatised service user who asks for single sex is a safeguarding issue) get public money?

I would say a hard no.

Glad this issue has been raised in the tribunal . Organisations committed to TWAW beliefs are using the secrecy clause as an an excuse to remove vulnerable women's 's human rights- not just single sex rape support, but also same sex care in NHS, police searches of detainees, single sex toilets, domestic abuse support etc.
Surely the single sex exceptions need to be a legal requirement, not just optional...

I agree.

It's really hard not to think that the removal of women's human rights is not the entire point / motivation for those promoting 'trans inclusion' for me whilst listening to this.

It's in conflict with other laws, so this needs to be thrashed out.

Sorry my fault, I speculated earlier that it was the AFAB that was sensitive not the NB but looks like I was wrong!
But if they're NB they would surely have declared pronouns etc?! I'm lost tbh!

Yes, there was this has been clarified.

There are times when bringing your whole and authentic self to work is in substantial conflict with the actual role for which you were recruited.

This feels like one of those times.

I hope that NC gets to ask management whether they reported the "data breach" to the ICO and what the outcome was.

I am also wondering who snitched about the email to AB and how that breach was dealt with.

Presumably a doctor is able to override a patient/gdpr if they say they are non binary or the incorrect sex and therefore it is in the best interests of the patient to examine and treat them as the correct sex. The ‘first do no harm’ is surely relevant to mental health with people at very vulnerable times of their lives. So if it was a qualified medical doctor wouldn’t this be best practise?

Are they allowed to disclose my GC belief among themselves if I email in? That would be sensitive category data in the same way as "gender identity belief", no?

AB may have seen the email or the response as it was in a shared email Inbox.

Good call on the ICO question.

Presumably a doctor is able to override a patient/gdpr if they say they are non binary or the incorrect sex and therefore it is in the best interests of the patient to examine and treat them as the correct sex. The ‘first do no harm’ is surely relevant to mental health with people at very vulnerable times of their lives. So if it was a qualified medical doctor wouldn’t this be best practise?

Doctors can be criminally prosecuted for disclosing if there is a GRC. DPA is different.

Wasn't AB one of the two who received the email? V.g. on reporting to the ICO!

At work if you disclosed to your manager/HR you were GC that is sensitive personal data because it is a philosophical belief.

They may need to disclose it for business reasons to specific people (can’t think of any at the moment) but it would be a breach if they told your colleagues and other staff particularly as gossip. You could raise a grievance under your employers privacy policy for unlawfully processing sensitive personal data.

At work if you disclosed to your manager/HR you were GC that is sensitive personal data because it is a philosophical belief.

That's not what I asked. If I were to email a specific support person at ERCC, and say I need to know if support will be female only and specifically ask that there are no biological males, and they discuss my email among themselves and put it in a folder marked "TERF shit", maybe send an all staff email about it, is that also a breach of my personal sensitive data? I didn't give them consent to process it in that way. DPA isn't just for employers.

Sorry meant to quote @Sisterpita

Just found this MF article about these issues:
https://thecritic.co.uk/secrets-and-lies/

It's not breaking GDPR if she had a legitimate reason for using/discussing that sensitive data. Which she did.

Back in the room, back in the room

Good article @Chariothorses

Concentrates on GRA which has criminal sanctions, and the unintended consequences, but the wider principles apply to this as well.

Solving the problem of how to reconcile transgender people’s rights and everyone else’s rights requires a sharp focus on what those rights are — for trans people it is the very limited right to keep information about their sex private in some circumstances, not the blanket ability to dictate other people’s thoughts and speech, or to force organisations to keep impossible secrets. It is definitely not the right for a man to force his male body (whatever cosmetic surgery he may or may not have had) into intimate proximity with non-consenting women in situations they have been told are female-only. Other people have rights too.

That's not what I asked. If I were to email a specific support person at ERCC, and say I need to know if support will be female only and specifically ask that there are no biological males, and they discuss my email among themselves and put it in a folder marked "TERF shit", maybe send an all staff email about it, is that also a breach of my personal sensitive data? I didn't give them consent to process it in that way. DPA isn't just for employers.

Sorry misunderstood
Discussing it with another support staff or with a manager how to respond - no breach.

All staff email naming you - breach

All staff email setting out your request but keeping it anonymous with a suggested standard response - unlikely to breach provided it was sufficiently anonymised - unlikely to breach.

Folder marked “TERF Shit” - unprofessional and more likely discrimination rather than DPA/GDPR. So potential disciplinary.

Oh I'm cringing for him now. He just made a big thing about her not 'heeding advice', RA said no, she replied saying it was very helpful. GIANT AWKWARD PAUSE.