Emma Hardy suing David Lloyd Gyms over trans policy

[flyingbuttress43]

Believed to be the first time in the UK that a service organisation is being sued
(as opposed to cases being taken to employment tribunals ). The case is likely to come to court late this year or early next year. She is also active in her home area of York in establishing what exactly is local NHS/councils policies on the issue and warning them of the potential risks of their trans inclusive policies. NB: she says she was told by the head of biology at York University that sex was on a spectrum.......

Thanks for sharing, I missed this one. Have donated.

In the light of the recent cases of men in women's changing rooms, I have just looked at Emma's challenge to David Lloyd again. This appears to be the latest update on her site. It seemed like a useful, clearly worded summary, but also thought it might be useful as a gardening reminder.

Campaign update: 1 April 2024
On 13th December 2023 I filed a legal claim against David Lloyd Leisure under the service provisions of the Equality Act 2010.
My claim:
Women and girls are disproportionately more at risk from self identification as the basis to access changing/locker room polices. There is unequivocal evidence that unisex, mixed sex or 'gender specific' changing rooms are far more dangerous for women and girls. When men are permitted into these spaces many women and girls will experience feeling uncomfortable, unsafe and on 'hyper alert'. Many of us will resort to self exclusion. We believe this is unfair and amounts to indirect sex discrimination.
^https://fairplayforwomen.com/unisex-changing-rooms-put-women-in-danger/^
The need to keep the sex's separate was highlighted in the recent DfE Draft Guidance for Schools re: Gender Questioning Children brought out in December 2023 "It’s important that single-sex spaces such as toilets, showers and changing rooms, remain single-sex, and schools should continue to ensure children aged 11 or older should not be made to get changed or wash in front of children of the opposite sex."
^https://educationhub.blog.gov.uk/2023/12/19/gender-questioning-children-guidance-schools-colleges/^
And
Indirect discrimination on account of my Gender Critical beliefs; I believe sex is immutable and binary, male or female. Furthermore, I do not believe in gender identity, a man's choice of clothing, hairstyle, makeup, medical, surgical procedures or GRC, are simply not relevant factors when accessing 'single sex' changing rooms.
On 1st March 2023 David Lloyd Leisure officially stated that people born male may use the female single sex changing rooms. This came as a shock to me, at no point during our membership were we made aware of a self identification policy , if we had, we would never have joined. I believe that David Lloyd Leisure are aware their customers mistakenly believe their single sex facilities are accessed according to sex (not gender) and this amounts to a breach of contract.
In January 2024 we received the defence claim from David Lloyd Leisure. We are currently processing the proposed allocation of track, which will determine the length of trial. We are looking forward to the opportunity to go to trial and to clarify what single sex means in law, this will likely be at the end of this year or early 2025.
Just this month, Planet Fitness in the US became infamous and faces financial ruin after being exposed for prioritising a mans comfort over the privacy and dignity of women, including that of a 12 year old girl (eu1.hubs.ly/H08jmm30 #PlanetFitness)

Clearly in 2024 it remains necessary and lawful to expect single sex facilities to be reserved for one sex only 'as a proportionate means of achieving a legitimate aim'. It is unacceptable for service providers to hide behind guidance which encourages otherwise, I believe this is especially egregious when customers are not being appropriately informed of the policy:
"Sex-segregated changing could be an option and a trans person should be permitted to use whichever single-sex area they choose." (UK Active, Version 5)
^A very big thank you to everyone who has supported me in this action, incredibly we have raised almost £9000. My legal team is headed up by solicitor Elliot Hammer of Austin Branch McCormick. Thank you to everyone who has kindly platformed me on your channels, podcasts and radio shows, most recently Peter Whittle of The New Culture Forum in January: ^
We believe this is one of the first Gender Critical cases being brought on the grounds of the provision of services. It is our hope and belief that in taking this action we will set a precedent which will help guide other services providers on what is lawful which will ultimately help protect women and girls. Once my legal fees are covered all proceeds will be donated to women's rights organisations. For more details and updates of my case please follow me on 'X' @EmmaHardy196290
Thank you.

Thanks for this. In my view UK law needs to be changed into requiring single sex spaces for privacy, dignity and safety for women( not just allowing them as at present), and making it a criminal offence for a male, whatever his gender beliefs or GRC status, to enter a female only space (or a provider to enable it).
But the law is made by men so I won't hold my breath.

Planted a small seed. The law urgently needs clarification. It would really help if the EHRC got behind the Equality Act and understood that sex means sex, you're born with it and you can't change it, and it is not just a feeling in your head or a piece of paper issued by the government.

Does anyone know what is happening here? I use David Lloyd, my 14 year old daughter comes with me and uses the female changing room as well

@ThePeppyMoose Democracy 3.0 was last updated in September to say trial hopefully going ahead in summer 2025

Good t know thanks. In the mean time I’ll email head office

Any update on this after the ruling?

I transferred from David Lloyd to Bannatyne as changing rooms there are stated as single sex

DLL locker room doors say male and female.
The law is now clear about the meaning of those words.

Yes I know this :)

Just wondered how this has affected Emma's case. Assume it will be similar to Sandie's case. Surely they will both either win or the have an out of court settlement.

I should really just email David Lloyd and ask what their stance is now.

In fact fuck it! I'll do it now!

@AprilMadness
Its Easter Weekend.

UK Active will be rewriting their policy as we speak.
It will then be shared to all of the chains that use it (including DLL, Virgin)
and adopted.

There is no point asking them to jump the gun.

Bannatyne posted celebrating the SC ruling. He’s always supported women in this.

Prompted by this thread I have just sent the following

I am considering joining your XXXXX facility. I wonder if you could confirm something for me please.

Are your toilets and changing facilities fully compliant with the law on single sex spaces, as confirmed in the Supreme Court ruling of Wednesday 16th April. In other words, do you provide single sex changing rooms and toilets only for biological women, as required for our dignity, privacy and safety. My husband is less likely to join but he too would need confirmation that there are all male facilities available.

I would also like confirmation that these facilities are clearly identified as such, regularly checked by staff and that it is also obvious who to report to if the rules are being broken. I assume that infringement of single sex spaces will result in memberships being suspended, but I cannot find this in your sexual harassment policy, where it should surely be.

I look forward to your response, after which I will come for a visit.

@Talkinpeace

Yes good point! But am going to email them anyway! I've had a bee in my bonnet on this for years.

I even put posters up in the toilet but they were immediately taken down! I should have voted with my feet but (hang my head in shame) I didn't. No other gym close by.

I once had a protest idea about lying on the floors of various public toilets and waiting to see how long it took for people to find me, to show the difference of cubicle design on safety. I couldn’t find a toilet cubicle floor I would want to voluntarily want to ‘collapse’ on. 😂

NB. Feel free to use it to e-mail. However, I couldn’t find a local e-mail so it has gone to [email protected] which was the only address I could find.

I disagree. The more pressure put on them the better before the policy is rewritten.

Oh yes, I’m about to have a tour of a David Lloyd gym today so I will ask them this when they start chasing me about membership!

That's definitely an experiment to conduct only after you've done a thorough mopping.

The clarification of the Equality Act makes it clear that you cannot let some (female identifying/GRC holding) men in without letting all men in. Anything else would be sex discrimination. Either facilities are single (bio) sex or open to both sexes. So DL will be looking at their policies in the light of this.

DLL does not have a policy.
It uses the UK Active one - as do most chains

UK Active will be looking at its policies then - and DL will be taking an interest

Good for her. I hope more people go after the organisations who have been breaking the law for all these years and letting men into women's changing rooms without their consent. Condoning voyeurism and indecent exposure, I hope they all get sued. Is there an additional crime if young girls were present while these men were in there? Surly men in private female spaces looking at naked little girls takes the charges up a number of notches in severity.

Excellent, please update us when you hear back.