If your organisation is defying the Supreme Court…

[Leafstamp]

…and you want to whistleblow, post here on mumsnet or you can contact James Esses.

[email protected]

His post on X says this

I’m hearing increasing reports of organisations, private and public, seeking to undermine the Supreme Court judgment.

If your place of work is continuing to deny biological reality and you want to anonymously blow the whistle, please get in touch.

x.com/jamesesses/status/1915306058018427023?s=46

Who he then began a case against

https://www.doyleclayton.co.uk/resources/news/doyle-clayton-secures-settlement-for-james-esses/

which he won

“There is also an exception for if a trans man has transitioned with hormones and/or surgery to a point where they pass as male then they may use male spaces.”

(sorry cannot seem to use formatting!)

Is there? I can see that this is what will happen in reality, but could you point me to this legal exception please?

Good for him!

Katie Neeves of cool2btrans has suggested trans people carry the card attached if they are rejected from single sex spaces. What is an ordinary worker in a bar or restaurant etc supposed to say to this?

Do I detect the text that is the signature of RMW, Whittle et al?

There will be lots of people looking to grift this. Whittle guides people on letters before action and money demands.

Workers can only follow employers’ policies. It is up to employers as to whether it’s worth banding with others to purchase legal opinions or to pay out compensation.

I do fret about the possibility for collateral harm and accusations of NCHI or worse.

There is also an exception for if a trans man has transitioned with hormones and/or surgery to a point where they pass as male then they may use male spaces.

How the hell did you hallucinate this?

"Get out" would be a legitimate option.

We all already knew who James is...

I didn’t, and have GC views and often read and occasionally comment on this board.

What would you do if you were shown that card? I’m thinking in a work situation where it’s obvious who I work for. I think I’d just say “ I’m Thisis, you one the organisation I work for, I’m asking you to leave as one member of the organisation to another. I find the threat of litigation to go against x organisational policy. I’d like your name.” And then probably go to the loo elsewhere! But I might just chicken out.

Any lawyers: does whistleblowing protection apply to colleague A making a good faith complaint to colleague B about B's conduct, if B's conduct is likely to constitute harassment of A? Most orgs tell you to tell someone to stop harassing you before escalating to management.

I don’t understand. But thanks for trying to help. It’ll probably never happen ..

Peter Daly (the solicitor who has won a number of GC employment cases) wrote on LinkedIn that there was, but he wrote that before the guidance came out and it was immediately disputed by Maya and a number of others.

The rest of what he wrote in the post is great, so I hope he edits it soon as I don’t think it is the right legal position.

I think I wrote this somewhere too before the Sex Matters advice and had misinterpreted the trans man exception. Trans men can be lawfully excluded from women’s single sex spaces where their appearance is likely to cause distress. But they shouldn’t use the men’s and equally shouldn’t be left with no provision. In reality I’d think small service providers will provide mixed sex only but larger service providers will have to provide a third space as well as single sex spaces. Work places most certainly will need third spaces as well as single sex.

Hmmm. My workplace has issued quite a mealy mouthed statement that says they’re waiting for full guidance on how to interpret this new ruling but just want to remind everyone that people with gender reassignment are still protected under the Equality Act, blah blah inclusive gender non conforming blah blah trans blah blah support lines blah blah harrassment - nothing about the protected characteristic of sex though or anything about the huge number of biological women that make up the workforce. Oh they do tolerate support free speech though. Yeah cheers 😬

Thanks OP, I follow him on X but had missed this update.

In my mind, re the part of ruling that states transmen who might genuinely cause alarm can be asked to leave female spaces. This is needed as it relieves women from being in a position of genuine fear due to perception of a male in their space and also makes it possible for eg a business to challenge a male presenting person if needed without getting into the need for ‘proof’ of sex. I think this is sensible and a clever workaround. In reality, transmen who pass will be able to use men’s spaces as they’ve already done before.

It puts the onus squarely on men though to now accept that some women will be in their facilities and they won’t necessarily know. Those women pose no threat or risk to men and are likely to be undetected. It’s a non issue for men.

Men should be able to do the right thing and choose stay out of women’s spaces, but if they barge in then they can be asked to leave if women don’t want them in there. They won’t be able to challenge back with the excuse that they’re a butch woman.

I'm not sure if this is the right place to post but Wetherspoons pubs has replied to India Willoughby (on X, by the look of the screenshot I saw) that they won't be complying with the law.

TRAs were very effective in setting up a climate of ‘you are either with us or against us’ alongside ‘anything other than total capitulation to our demand to affirm our identities is acting against us’.

Organisations who bought in to this will take some time to become deprogrammed. They will have to conform to the law, and they will have to find alternative solutions to affording dignity and respect to people with trans identities. This will be challenging because TRAs claim there is only 1 acceptable solution. It is likely that it will only be once this is taken off the table that engagement to find other ways will happen. Even then, I think different advocates are likely to do this, if they are brave enough to stand up to the current TRAs.

I believe they were contacted on either Friday or Saturday. The EHRC guidance came out Friday at around 9pm and the media wasn’t exactly awash with coverage as pope funeral was everywhere

I suspect they didn’t know the guidance had been published

don’t get me wrong, it’s clearly a captured response but I think a lot of organisations won’t be aware of or read the guidance until ppl arrive into the office on Monday

I remember someone who said they worked in HR and after the Sex Discrimination Act was passed it took about ten years for it actually sink in that it was the law and had to be followed.

Fun times ahead then.

Wetherspoons the pub of choice for Farage when he’s pretending he’s a man of the people? I’m actually surprised at that

i boycotted them years ago but would be now if I hadn’t

This is quite fascinating, I can well believe it.

Maybe today’s online world will help things along quicker.

Well,

They should be appropriately retrained to recognise a grifter who presents a legal risk to their company for breaching the EHCR advice.

Wetherspoons shut their social media accounts in 2018.