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Feminism: Sex and gender discussions

NHS Fife tries to silence nurse

1000 replies

Hoardasurass · 13/10/2024 09:36

So as has been mentioned on threads about the Darlington nurses a nurse is sueing NHS Fife over its trans staff policy.
The poor nurse was forced to get changed infront of a man in the female changing facilities, when she complained about it she was 1st told to change in a cupboard if she didn't like it, then they tried to bully her into swapping shifts so she didn't work with the man in question (she wouldn't), then they wanted her to move hospital (again she refused) so then they suspended her without pay for months until her solicitor got involved and now they are trying to gag her by insisting that the court case (starts in February) must be held in secret (I wonder why) and will be in crt next month asking to restrict reporting on the case.

This case is really important in Scotland because the trans staff policy that's going on trial in this case is the Scottish government's own policy used in all public sector organisations in Scotland and works on self id. So when this case is won it will finally kill the Scottish government's self id policy in all public bodies

https://www.dailyrecord.co.uk/news/scottish-news/nhs-fife-fights-secret-hearings-33877891?utm_source=linkCopy&utm_medium=social&utm_campaign=sharebar

NHS Fife fights for secret hearings in trans woman in female changing room case

NHS Fife is facing landmark legal action by a nurse suspended after complaining about a transwoman in a female changing room.

https://www.dailyrecord.co.uk/news/scottish-news/nhs-fife-fights-secret-hearings-33877891

OP posts:
Thread gallery
25
ItsAllGoingToBeFine · 03/02/2025 20:32

How do we request remote access to the tribunal tomorrow? I have an unexpected day off...

ChimpanzeeThatMonkeyNews · 03/02/2025 20:33

Ereshkigalangcleg · 03/02/2025 20:10

Jane Russell - Dr U's barrister - was basically saying 'be nice and get your tits out so you don't hurt the nice doctor's fee fees'.

Jane Russell has a lot of previous, she was respondent's counsel or junior counsel in both the Forstater and Bailey cases.

Her voice goes right through me.

She talks to the everyone like they've had a horrendous head injury.

ChimpanzeeThatMonkeyNews · 03/02/2025 20:37

ItsAllGoingToBeFine · 03/02/2025 20:32

How do we request remote access to the tribunal tomorrow? I have an unexpected day off...

Email:

[email protected]

Media or Public Access Request (Mrs Peggie v Fife) 4104864/20/4

ItsAllGoingToBeFine · 03/02/2025 20:44

I thought it had been moved to Dundee?

ChimpanzeeThatMonkeyNews · 03/02/2025 20:46

It has, but the link still works.

ItsAllGoingToBeFine · 03/02/2025 20:49

Thank you 🙏

ChimpanzeeThatMonkeyNews · 03/02/2025 20:50

🫡 You're welcome.

ArabellaScott · 03/02/2025 20:52

https://www.whatdotheyknow.com/request/request_for_single_sex_staff_cha#incoming-2845802

'NHS Fife does not have a Single Sex Staff Changing, Toilet and Showering
Facilities policy in place.
NHS Fife does not have a Chaperone policy in place, however, this is in
development.
NHS Fife does not have policy in place to support staff in the workplace
who are transgender or staff who may be transitioning. However, support
is provided as required. A new Once for Scotland NHS Scotland Equality,
Diversity and Inclusion Policy is in the soft launch phase at present,
which will be adopted as Board policy. A copy of the policy and
transitioning guide are attached.
NHS Fife are unable to provide Equality Impact Assessments for the above
policies as there are no policies in place.'

And from that Policy:

'Toilets and changing facilities
The Equality Act 2010 allows facilities for employees to be provided
separately or differently for men and women, such as toilets or changing
facilities. This means that when separate male and female toilets or
changing facilities are provided, organisations are allowed, for example,
to tell men they cannot use female toilets or changing facilities.
If a trans person is not allowed to use their preferred facilities, this could
be unlawful discrimination on grounds of gender reassignment. An
evidence-based reason must be provided.
The Equality Act 2010 does allow the provision to exclude a trans
person from single or separate sex facilities. There may be some limited
circumstances when excluding trans people from using separate or
single-sex toilets or changing facilities may be lawful. However, this will
only be allowed if the exclusion is a proportionate means of achieving a
legitimate aim. If a trans person is to be excluded from a single-sex
facility alternative, appropriate and safe facilities should be provided.

Page 6 of 7

These kinds of decisions must be made on a case-by-case basis.
Managers must balance the needs of the trans person to use this facility
against the needs of other members of staff. They should also consider
if other staff members will experience any disadvantage if the trans
person is allowed to use the facilities. To do this will often require careful
and sensitive discussions with all the staff affected, maintaining
confidentiality for the trans person. '

My bold.

Request for single sex staff changing policy, chaperone policy and supporting transgender staff policies - a Freedom of Information request to Fife NHS Board

I am writing to request a copy of the following Trust policies that incorporate information on Single sex staff changing, toilet and showering facilities policy Trust chaperone policy Supporting staff who are transgender and staff who may be transit...

https://www.whatdotheyknow.com/request/request_for_single_sex_staff_cha#incoming-2845802

ArabellaScott · 03/02/2025 21:03

'Ms Peggie also refuted claims she had ignored Dr Upton or refused to make eye contact with the medic.

From the BBC article.

Is she to be forced to make eye contact?

Ereshkigalangcleg · 03/02/2025 21:04

Apparently so.

WearyAuldWumman · 03/02/2025 21:09

ArabellaScott · 03/02/2025 21:03

'Ms Peggie also refuted claims she had ignored Dr Upton or refused to make eye contact with the medic.

From the BBC article.

Is she to be forced to make eye contact?

NHS Fife had better watch themselves. Several of my family members are high-functioning on the spectrum (formerly diagnosed as Asperger's). I have to force myself to make eye contact, but often slip up. It didn't stop me from doing (I think) a good job as a PTC in a Scottish secondary school.

If they rant on about eye contact, they might be deemed guilty of discrimination against someone with a disability.

Hoardasurass · 03/02/2025 21:20

Harassedevictee · 03/02/2025 14:26

Please remember for the hospital they received a grievance/complaint of bullying from Dr Upton. Suspension is a perfectly acceptable course of action whilst they investigate and doesn’t prejudge the outcome.

Where the hospital failed was in not taking Sandy’s initial complaints about Dr Upton using a female single sex space.

And taking 8 months to even get to the point of hearing her side and 12 months to end it

OP posts:
BodyKeepingScore · 03/02/2025 21:28

@Anothercoffeeafter3 none of what you're saying is relevant.

Dr Upton is male. There is no cosmetic surgery in existence that can make him female.

Whether he had a mental illness or not is irrelevant. None of those female staff should be displaced to account for said mental illness.

If he feels uncomfortable changing with other men, then he could request a separate room for himself. He does not have the right to make women compromise their safety or privacy for him,

BananaAppleOrange · 03/02/2025 21:37

ArabellaScott · 03/02/2025 20:52

https://www.whatdotheyknow.com/request/request_for_single_sex_staff_cha#incoming-2845802

'NHS Fife does not have a Single Sex Staff Changing, Toilet and Showering
Facilities policy in place.
NHS Fife does not have a Chaperone policy in place, however, this is in
development.
NHS Fife does not have policy in place to support staff in the workplace
who are transgender or staff who may be transitioning. However, support
is provided as required. A new Once for Scotland NHS Scotland Equality,
Diversity and Inclusion Policy is in the soft launch phase at present,
which will be adopted as Board policy. A copy of the policy and
transitioning guide are attached.
NHS Fife are unable to provide Equality Impact Assessments for the above
policies as there are no policies in place.'

And from that Policy:

'Toilets and changing facilities
The Equality Act 2010 allows facilities for employees to be provided
separately or differently for men and women, such as toilets or changing
facilities. This means that when separate male and female toilets or
changing facilities are provided, organisations are allowed, for example,
to tell men they cannot use female toilets or changing facilities.
If a trans person is not allowed to use their preferred facilities, this could
be unlawful discrimination on grounds of gender reassignment. An
evidence-based reason must be provided.
The Equality Act 2010 does allow the provision to exclude a trans
person from single or separate sex facilities. There may be some limited
circumstances when excluding trans people from using separate or
single-sex toilets or changing facilities may be lawful. However, this will
only be allowed if the exclusion is a proportionate means of achieving a
legitimate aim. If a trans person is to be excluded from a single-sex
facility alternative, appropriate and safe facilities should be provided.

Page 6 of 7

These kinds of decisions must be made on a case-by-case basis.
Managers must balance the needs of the trans person to use this facility
against the needs of other members of staff. They should also consider
if other staff members will experience any disadvantage if the trans
person is allowed to use the facilities. To do this will often require careful
and sensitive discussions with all the staff affected, maintaining
confidentiality for the trans person. '

My bold.

This does not comply with the equality act as laid out in the last FWR case. Nor does it comply with Workplace (Health, Safety and Welfare) Regulations 1992, s20 which states that sanitary facilities are not suitable or sufficient unless “separate rooms containing conveniences are provided for men and women”.

Boiledbeetle · 03/02/2025 21:38

ArabellaScott · 03/02/2025 20:52

https://www.whatdotheyknow.com/request/request_for_single_sex_staff_cha#incoming-2845802

'NHS Fife does not have a Single Sex Staff Changing, Toilet and Showering
Facilities policy in place.
NHS Fife does not have a Chaperone policy in place, however, this is in
development.
NHS Fife does not have policy in place to support staff in the workplace
who are transgender or staff who may be transitioning. However, support
is provided as required. A new Once for Scotland NHS Scotland Equality,
Diversity and Inclusion Policy is in the soft launch phase at present,
which will be adopted as Board policy. A copy of the policy and
transitioning guide are attached.
NHS Fife are unable to provide Equality Impact Assessments for the above
policies as there are no policies in place.'

And from that Policy:

'Toilets and changing facilities
The Equality Act 2010 allows facilities for employees to be provided
separately or differently for men and women, such as toilets or changing
facilities. This means that when separate male and female toilets or
changing facilities are provided, organisations are allowed, for example,
to tell men they cannot use female toilets or changing facilities.
If a trans person is not allowed to use their preferred facilities, this could
be unlawful discrimination on grounds of gender reassignment. An
evidence-based reason must be provided.
The Equality Act 2010 does allow the provision to exclude a trans
person from single or separate sex facilities. There may be some limited
circumstances when excluding trans people from using separate or
single-sex toilets or changing facilities may be lawful. However, this will
only be allowed if the exclusion is a proportionate means of achieving a
legitimate aim. If a trans person is to be excluded from a single-sex
facility alternative, appropriate and safe facilities should be provided.

Page 6 of 7

These kinds of decisions must be made on a case-by-case basis.
Managers must balance the needs of the trans person to use this facility
against the needs of other members of staff. They should also consider
if other staff members will experience any disadvantage if the trans
person is allowed to use the facilities. To do this will often require careful
and sensitive discussions with all the staff affected, maintaining
confidentiality for the trans person. '

My bold.

Managers must balance the needs of the trans person to use this facility
against the needs of other members of staff. They should also consider
if other staff members will experience any disadvantage if the trans
person is allowed to use the facilities. To do this will often require careful
and sensitive discussions with all the staff affected

Doesn't seem to have been much sign of NHS Fife having read this!

Harassedevictee · 03/02/2025 21:40

My point was about Day 1. Suspension should be to allow time to establish the facts. That should be done very quickly. The fact they hadn’t heard SPs side by the end of Jan was not what should happen.

If you look at my post @19:27 setting out the timeline you will see that I am shocked at the 12 month time line - totally unacceptable.

It is reasonable to think suspension day 1 is a sensible move when there is a claim of bullying and disagree with the time taken to do a basic investigation.

SinnerBoy · 03/02/2025 21:50

Didn't make eye contact? Really?

Was it when he was ogling her as she scurried her top back on? Does his lawyer honestly find that a abusive and objectionable?

Fucks sake.

Signalbox · 03/02/2025 22:02

The need to use male pronouns stinks of her refusing to accept someone else's beliefs

Yup. So what? We don’t live in a dictatorship (yet).

Bannedontherun · 03/02/2025 22:13

Well gosh do i get a medal for teasing out an opposing view.

Hoardasurass · 03/02/2025 22:25

Madcats · 03/02/2025 16:14

Didn't Wes Streeting say that he was going to sort this out, when he met the Darlington 5 back in October?

3+ months have passed, during which time Fife NHS could have negotiated some compensation and settled out of court.

Nhs fife is part of nhs Scotland which is under snp control not Westminster or wes streeting unfortunately

OP posts:
Bannedontherun · 03/02/2025 22:41

Anothercoffeeafter3 · 03/02/2025 19:27

She identifies as a female I would also be interested to hear if she has had any gender affirming surgery which means she prefers to be in the female changing room as that is now her body type.

The nurse says she uncomfortable changing in front of men but the Dr could also be uncomfortable. It's impossible to please everyone!

It's also a mental health risk if you say to Beth I'm sorry your medical condition (gender dysphoria) means less than someone's embarrassment. The case would then be her suing the trust.

Unfortunately the NHS is not immune to having judgemental people who may not be supportive of Beth's life choices. Most hospitals have other changing rooms available which the nurse could have used. I would say it's the person with the issue who moves so if Beth won't get changed infront of Sandie - Beth moves.

The need to use male pronouns stinks of her refusing to accept someone else's beliefs she could have used doctor or they. Tho from the evidence it looks like she also ignored her in work which is never acceptable.

Plastic surgery on a man (however extreme) can never produce “a female body type”

“It is impossible to please everyone” but it is possible to “please”, as you put it the vast majority, who are biological females. Replace word possible with protect and respect.

Beths mental health could be addressed by a seperate private space away from men but not with women

respect for another persons beliefs does not require agreeing with them or getting involved in their rituals and incantations (pronouns)

BananaAppleOrange · 03/02/2025 22:49

Signalbox · 03/02/2025 22:02

The need to use male pronouns stinks of her refusing to accept someone else's beliefs

Yup. So what? We don’t live in a dictatorship (yet).

Wonder if PP thinks the same if a women refuses to wear a Hijab?

Helleofabore · 03/02/2025 22:53

Gosh! So a male who has extreme body modification somehow qualifies to be allowed to use the female single sex spaces because they are uncomfortable to use the male single sex space.

No doubt about it. Female people are simply any human who has no penis, whether that is a male who has no penis due to injury, disease or deliberate choice.

And any female who doesn’t want to change in front of a male without a penis is just judgemental. And the NHS should not be expected to prioritise the needs of female people to have a single sex space that excludes male people, including those male people with a philosophical belief that they are a female person.

duc748 · 03/02/2025 23:10

If a gay man barged into a women's space, and said, "But you have nothing to fear from me, I won't sexually assault you", surely any woman would reply, IDGAS, you're a bloke, get the fuck out! Because it's not about sorting men out into different categories, into sheep and goats; it's about all men, however they present. It never used to be this complicated, did it?

WallaceinAnderland · 03/02/2025 23:20

It's not about body parts, it's about the inappropriateness of allowing men into a female only space. I thought doctors were supposed to be intelligent. Why should women have to undress in front of men. What is the actual justification?

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