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

Hi all!

A new update is available at CrowdJustice.com, please search by Faye Russell-Caldicott.

Many organisations have delayed updating their guidance whilst waiting for the EHRC, so we shall see if that excuse holds in court.

Have just read your update. Loved the “I love foxes” tshirt reference. 😂

good luck I hope it all goes well. 💪

Wonder why they weren’t allowed? Good luck, will be following online avidly!

Oh right - I've got a bit behind with gardening over the last couple of months. Will find trowel and seeds later today.

Thanks for the update Faye. Hoping for 🌸🌹🌸🌹🌸🌹later!

Thank you for the update Faye - really very frustrating! I'll do a wee bit more gardening. Sounds massively stressful for you - sending strength and resilience!

Thanks for the update - gardened again. Hang in there!

Bravo Faye. It is going to have to be acknowledged that words like 'discrimination' and 'respect' and 'inclusion' apply equally to women. They are not just useful levers for men.

I struggle to see how they can continue like this, in the wake of the Darlington case. Good luck, Faye!

Good luck, Faye. I have made a small donation, but will donate again when I get paid. Who will be representing you?

Thank you ❤I will be represented by Elizabeth McGlone from Didlaw and Naomi Cunningham from Outer Temple.

Amazing. A great team. I hope all the final prep goes well x

With Naomi onboard, I dare to hope!

@FayeRC Will we be able to observe the ET? If so, please can you provide details of how to apply. Edit Sorry just remembered this is an anonymous hearing.

Wishing you all the best.

I decided to cancel Judicial Mediation earlier this week. This was the second time NHS England was not in a position to agree with my requests or change policy, so it was meaningless to attend JM. We are now preparing for a full hearing in two weeks’ time.

@Kirschcherries The hearing won't be available to online audience due to anonymity but Tribunal Tweets have asked to report which I have agreed to.

@FayeRC Thank you for the update I will follow

I hope your case goes well and is not too stressful. 💐

Good luck!

@FayeRC - wishing you the best of luck - I'll be following on TT and sending you good vibes....

All.the best, Faye.

Good luck, Faye.

Good luck @FayeRC🤞

More good luck from me, Faye.

We'll be following along and wishing you all the best @FayeRC

Bumping this as a reminder that it's a good time to plant seeds.

Thank you all ❤

I am finalising witness statement this week, hoping to receive disclosure from the other side soon and we are working with Prof Phoenix as an expert witness.

Court starts on 16 March so I could do with a final push for the crowdfunder. Grateful if you could share the CrowdJustice link on your social media platforms please. I can't link it here (MN rules) but you can find it by searching for Faye Russell-Caldicott.

Speaking of which, can you guess who the pseudonym is "dedicated" to? 😂

A broad summary of events:

• A male colleague transitioned in 2022. We were told the person would use facilities of their preference. Staff in my Directorate were told what was expected from us and this was in effect immediately.
• We had open plan changing room and showers and usual cubicle toilets.
• I am an actual woman, Muslim, gender critical and have PTSD. I cannot share facilities with males.
• Following this, I raised in 2022 that facilities were effectively mixed sex. NHSE disagreed and said they were offering single-sex facilities for those born female and those who identified as female.
• Raising these issues internally was extremely difficult for me and did not lead to any changes to staff policy. I argued ‘sex’ in EqAct 2010 meant biological and therefore could not include males who identified as women. They did not agree. Their interpretation was that if even one transwoman was excluded from female facilities that was discrimination on the basis of gender reassignment. I did tell them nearly all transwomen retained their penis and those who had it removed were males nevertheless.
• I was effectively pushed out from female facilities to use gender neutral toilets which I have continued to use to date.
• One would have thought Fife, Darlington and SC ruling were helpful but they have not prompted any changes to policy to date.
• After SC ruling an all staff announcement was made in support of everyone, including those with trans supportive views and ‘other views’. Policy was put on hold and under review but not removed. It remains so for nearly a year later.
• They have been waiting for EHRC guidance (on public service provision). I have told them they are waiting for a wrong piece of guidance. This is an employer-employee matter.
• Policy was created with support from trade unions, Stonewall and GIRES. No women’s organisations, trauma support organisations or religious organisations were involved in policy drafting.

The tribunal hearing is fast approaching - it is only one and a half weeks away! I would be forever grateful for your support in the last stint before 16 March. The best way to help is by sharing the link to my CrowdJustice this week. Pls search for 'Faye Russell-Caldicott'. Thank you ❤