Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Feminism: Sex and gender discussions

Legal Feminst - Advice on how to challenge unlawful policies at work

4 replies

GrumpyMenopausalWombWielder · 06/05/2025 23:49

I saw this on X & thought it worth posting here for info:

https://x.com/legalfeminist/status/1919866199204057538?s=46

“A few thoughts about how to put pressure on your employer while minimising the risk to your job.

First, always remember that "They can't sack me or discipline me for reasonable manifestation of a protected belief/asserting my statutory rights/asserting my right not to suffer discrimination or harassment" is wrong.

They can. They can't lawfully sack or discipline you for those things, but that's different. If you make a fuss, you may end up losing your job in circumstances that give you a strong discrimination claim.

But for most people most of the time, a job is a better thing to have than even the strongest imaginable discrimination claim.

So before you kick off, do think carefully about what you are prepared to risk, and how to minimise the risks. Don't be a martyr if you can reasonably help it.

Raise your concerns calmly and internally if you possibly can. Study your employer's grievance or whistle-blowing procedure and follow it to the letter. Don't raise your voice, resist the temptation to sarcasm.

(The temptation to sarcasm may be intense, but resist it it anyway. The prevailing levels of stupidity are currently at gale force, gusting hurricane. Treat the stupidity and hysteria all around you as a foil the better to set off your own calm resasonableness.)

Don't send any emails or messages in haste. Always ask yourself "Does it have to go today?" If it can wait until tomorrow, sleep on it.

Be gently persistent. Even if you have to ask the same question a dozen times, just keep asking it. If you have to chase a reply, "Could I have an answer to this, please?" is probably sufficient.

Before you hit "send" on an email, imagine how you'd feel being asked to turn to it in a bundle of documents when you are being cross-examined in your employment tribunal claim.

Keep on resisting the temptation to sarcasm. (Let off sarcastic steam on your anonymous social media account, if you must.)

There's strength in numbers. Can you find the others in your workplace who want to hold your employer's feet to the fire about complying with the law and maybe put in a joint grievance?

Better still, are you a member of a union?

If your employer is treating all its female employees unfairly by (eg) telling trans-identifying male colleagues that they can use the women's toilets or washing and changing facilities, that's something your union should take up with your employer.

Dealing collectively with collective concerns is literally your union's job. Prod it to do its job.

The advantage of prodding your union to prod your employer is that your union can't sack you. So you can prod your union harder with less risk.

And if your union won't act for you because it doesn't think women's rights matter very much, you may be able to sue your union in the employment tribunal. Again, the advantage of suing your union over suing your employer is that your union can't sack you.

Keep a firm grip on the difference between two things: (i) my employer has made a bad decision, which I need to try to persuade it to change; and (ii) my employer has made a bad decision, which I will ignore because it is bad.

When your employer makes a bad decision, if you want to keep your job, you probably still have to abide by it.

You can try to change it. But ultimately you have to be able to say "This is a bad decision, and not the decision I would have taken if I had been my employer. But it is my employer's decision to take, not mine."

Pronoun policies are a good example of that. If your employer tells you you must put your pronouns on your email signature, that's a bad decision, and almost certainly actionable discrimination.

So you're absolutely within your rights to raise a grievance about it, or try to get your union to squash it, or organise a workplace petition about it, or do whatever else reasonable you can think of to get your employer to change the policy.

But if you just defy the policy because you don't agree with it, you're handing your employer an excuse to discipline you.

So challenge the nonsense. Organise. Network. (Set up a Sex Equality and Equity Network.) Insist on your union's support. But try not to lose your job.“

OP posts:
loveyouradvice · 07/05/2025 08:52

Huge thanks for posting - very cogent and helpful

TwoLoonsAndASprout · 07/05/2025 09:09

I don’t know why, but I find it incredibly heartening that they know - and explicitly say - that for some (actually, most) people it is still not safe to their gainful employment to challenge an employer doing something illegal:

If you make a fuss, you may end up losing your job in circumstances that give you a strong discrimination claim.

But for most people most of the time, a job is a better thing to have than even the strongest imaginable discrimination claim.

It feels like they’re saying, it’s ok, we know why you’re not speaking up. We don’t think you are weak, horrible people, just people who need to keep their jobs/don’t want the horror of an ET. We understand and we have your back.

MarieDeGournay · 07/05/2025 10:37

Very useful, practical advice, which bears in mind that in real life a job is a job is a job, and sometimes teeth just need to be gritted..

On a lighter note, they know their audience when they have TWO warnings against sarcasm! I think it's more often 'humour with an edge', but it is definitely one of our coping strategies. I take their point that it may be cathartic, but may not serve you well with HR🙄

LonginesPrime · 07/05/2025 11:23

Thanks for posting, OP - this is such sensible advice!

The practical point that they may not be able fire you lawfully but they can still fire you is an incredibly important one.

I’m sure it will encourage many women to take a step back from the heat of the moment in the inevitable standoffs that will occur in the coming months.

New posts on this thread. Refresh page