Misrepresentation of Sex/Illegal Conduct - Sandie Peggie

[eulittleb831]

eulittleb831 · Today 13:35
JR - she said you were a man, asked about chromosomes and prisons, how did you feel?
DU - awful, really really upset. I've never been spoken
DU - to like that. It was awful to be compared to someone like that. Someone casting aspersions on my people. I was upset and afraid actually I didn't know what it would mean going forward, would have to raise it but just wanted to extricate myself.
JR - why were you afraid?
DU - away from others, unlikely to be overheard, comparing you to someone who has committed terrible acts and they are confronting you and saying things about your community I was afraid. It was hurtful
The striking terminology he uses refers to “my people” and “(his) community" i.e. males identifying as trans. That community is not that of women - it is a distinctly separate community, and one he identifies with.
Many moons ago, I fought an Employment Tribunal Case over 5 years and at least in part understand the sense of injustice that SP is going through and the impact on her personal life. see BF Components Ltd v Grace [2008] EWCA Civ 393 CA. NC will be familiar with the Specialist Employment Barrister, a good friend, who represented me at the Court of Appeal, having self-represented at all times.
It is now established Case Law, and the case is occasionally quoted - for there to be consideration of illegal conduct, misrepresentation has to be a component for conduct to be illegal or tainted with illegality.
Upton is a Dr who is misrepresenting his sex and is fully aware he is doing so. His conduct entering a changing room exclusively reserved for the use of females - and not his community or his people by way of his own submissions through the Tribunal - is illegal. I think this is a point worth pressing I think or at least considering

Ha, just made a similar thread on another thread, about Upton self-IDing. Self-ID is not law, but Upton and NHS Fife are behaving as if it is. Upton is a man not only in chromosomes, but in law. Where does that leave NHS Fife? And will this get raised in the tribunal?

My understanding is that NC is very thorough and hopefully any and all points of merit will be raised - MF’s statement was very through, I just think he has caused himself real problems referring to his people, his community - wtf should his community be entitled to use female changing rooms? Take your point with the self-ID, it is all a
mess and NHS Fife are spineless.

"NHS Fife are spineless" - well they aren't just sitting back and letting the staff sort it out themselves. They have gone after one of them, and of course it isn't the man.

I would expect NC will bring up the 2nd fws vs scot government appeal crt ruling, which says that a male who has the pc of gender reassignment but who doesn't have a GRC is still legally male and has no right nor the expectation of the right to access single sex spaces for females even the Scottish government accepted that in their supreme crt submission. As Dr Upton doesn't have a GRC he had no right to enter the female cr nor expectation of the right, and NHS Fife giving him permission to do so breaches the requirement to provide single sex toilets, showers and/or changing facilities aswell as sex discrimination against all female staff. That side of the case is a slam dunk against NHS Fife and so is the sexual harassment against Dr Upton as a man (which he legally is) entering the female changing facilities, the rest is the hard part

I agree the point you raise is a slam dunk - a GRC does not a female make is the extended point. Admittedly I am fixated on his submissions relating to "(his) community and people" - for me he dropped the pretence that this matter is anything about his belief/delusion that he is a woman (therefore entitled to female privileges and spaces) and that if he thinks he is a woman he becomes part of the female estate/community. He represents a different community to women, namely males identifying as trans and the narrative of the tribunal completely switches/changes. Hopefully this is one of many points raised by NC in support of SP.

I wonder, if by any chance, NHS Fife had training from a certain group that often misrepresents what the law actually is?

Yes they have the training comes from the Scottish government via NHS Scotland