Employment Tribunal Case to Protect Single-Sex Facilities at Work

[FayeRC]

Dear Mumsnet Members,

I have issued an employment tribunal complaint against NHS England to protect single-sex facilities at work.

A preliminary hearing will be held in early October 2024. I would be very grateful for some urgent gardening support at CrowdJustice. I won't add a link here as it is against Mumsnet rules.

It would be interesting to hear other people's views on legislation around single-sex facilities at WORK. However, I won't be commenting much on this public forum whilst the case is on-going.

Yours faithfully,
Faye Russell-Caldicott / FayeRC

Thank you!

We don't want these cases slipping down the back of the sofa 👍 (or the cabbage beds).

Just 0lanted a few more seeds for you

Was hoping this sort of case would be funded by JKR's fund, it seems an excellent example of what the fund is for. Willing to dig if for some reason they wont help. There are cases that seem less likely to get help, because they involve men, so was hoping to focus my gardening on those.

That's a good point. I'm sure this case would fit the remit for jkr's fighting fund. It will be worth applying OP.

Will happily garden for you once again!

Do also apply for J K Rowling's Women's Fund https://jkrwf.org/ Your case looks suitable for a nice big bag of seeds and we all benefit.

PS just to say I don't have any connection with the fund it just looks very useful!

I’ve just donated 🪏 🌱

Thank you re: JKR fund. However, in the meantime I need support for the evidence exchange phase, as we need to start work on it soon. It is a large undertaking, so any support now, especially sharing, would be hugely appreciated.

A final hearing date (i.e. court date) has been decided for March 2026.

Support needed now in June-July to cover the work for exchanging evidence. Best way to support is by sharing the link.

Brilliant. Will share.

I'm sure that there something down the back of the sofa. And if there isn't then I will find something anyway. Good luck.

Just donated again, hope you reach your target soon.

Anyone else's employer stalling and waiting for EHRC guidance despite the Supreme Court ruling?

The Department of Education and the Health and Safety Executive have told me to write into the consultation about my toilet complaint. In the Department of Education’s case I think that is shorthand for ‘waiting and stalling’.

I’ve done some gardening

🌶🌶🌶

Congratulations on being granted anonymity.

Yes, my employer (not NHS but captured sector) is delaying obeying the law for as long as possible.

Can I ask, it seems to me that given the clarification we've got from the Supreme Court, you should easily win. Surely you're going to be offered a settlement? And, from what I understand of the way the law works, you're going to be under pressure to settle. Do you still need donations in the meantime (maybe to pay for lawyers to negotiate the settlement)? I'm happy to donate again but would like to understand the direction of travel.

Huge apologies if you've already been asked this - I don't have time to read the whole thread.

I've been surprised that organisations are not so far settling following the SC ruling. I was expecting to see updates about the sussex rape crisis case, the Darlington nurses, sandie peggie and others, saying they had reached settlement. But so far there hasn't been (apart from the Darlington nurses trust being told to sort out the facilities). It's incredible. What are their legal departments doing? There is a society wide inertia about this.

I think they are stalling in the hope that the guidance will water it down and they can continue to choose “inclusion”.

@Not2identifying I certainly felt a moment of 'I told you so' when the SC ruling came through as I've been saying since 2022 that we need to look at this through the lens of biological sex and not certified or self-ID. Now you'd think it makes things easier but oh no, now a lot of work places are stalling waiting for EHRC guidance. As for settlement, I don't think I can refuse if their correcting actions are reasonable, although there is no settlement in the horizon as for now, and I'd need legal fees covered to even get there, as exchange of evidence is in July.

Thank you very much, @FayeRC.

Has anyone responded to EHRC consultation (they've asked for examples), with a specific scenario of open plan showers?

Good morning, copying this update here from my crowdjustice page (please search for Faye Russell-Caldicott as MN won't allow direct links):

Dear supporters,

next step in this process is to gather all the evidence, go through it and organise it, and exchange with the other side. We'll then look for gaps in what they have provided to us and will request further evidence if we feel something is missing.
I have a ton of material related to this case, spanning over nearly three years, as the issues at work started in Autumn 2022. Since I remain employed by the Respondent, there is accumulating material, too. My legal team will need to keep refreshing the case as we progress.

I'm now campaigning for the legal costs related to evidence prep. I've got an excellent solicitor and barrister and they are invaluable. If I didn't get the legal work covered, I'd probably continue on my own, but no one wants one of the first key cases in England to be a DIY job!

My supporters have been fantastic and you have been so lovely with your supportive messages, thank you. Many of you have donated more than once but I don't wish this to be a burden on a few individuals - instead I'd like to spread the word more effectively. I need more visibility. To help with this stage, could you kindly share the website link to my crowdfunder on various social media platforms this week please?

The employer is currently waiting for EHRC guidance. Their Trans Staff Policy is labelled 'under review' but practically continues to be in force.

I will keep you all updated on how we progress. All donations go directly to my legal team's client account.

Thank you for your support and sharing.

Yours faithfully,
Faye

I’m not on social media but gardened. Good luck.

Shall be doing my July gardening shortly 🌻🌻🌻🌻Hope your case blossoms nicely!