Look back to the original Forstater case - WORIADS. Religions such as Christianity and Judaism are both WORIADS. In a democratic society, they are worthy of respect.
Yes. But to respect a religion, I don't need to follow its tenets. I can obviously choose to do so if I wish e.g. I sing along to hymns in church at a funeral or wedding but I don't join in with prayers. Instead I sit quietly, generally with my eyes open. However, I can accommodate others' need to do so in accordance with their beliefs where viable e.g. in my previous (UK-based global) company, I avoided booking lunchtime meetings on Fridays as far as possible because the project team was in Egypt and every team member was a practising Muslim.
Do we have a right to say our radiographer should be female when the one on duty is a TIM? We have a clinical need to be scanned…
AFAIK, no, we don't have that right. Instead we have a right to refuse care for any reason e.g. if the only option at that time is to accept a male radiographer. I'm not aware of a law that compels hospitals to provide single-sex care, but instead hospitals are guided to accommodate requests for it if viable because it is a human right for someone to request it, just as it is to request a hospital discharge to meet religious need. Where it would (presumably) become unlawful is a situation where a woman refused care from a male and the hospital then refused to provide the next available female radiographer.
By the same token, a Haredi woman could self-discharge if she didn't want to "wait for the consultant to fill in the forms by 1pm". We don't know the consultant's other priorities and she could weigh up the risk that the consultant hasn't yet had chance to validate that all care has been successfully delivered versus her personal need to arrive home before sunset.
The entire Fife case - total lack of respect for the beliefs of a working class nurse that she should have a single sex space to change in.
The Fife case is an employment tribunal about unfair treatment due to a) Peggie's protected belief that sex is immutable and b) the hospital's and Upton's conduct after she asked the hospital to follow the law on single sex spaces in work.
Clinical needs are more important? OK, Dr Upton’s clinical need, to protect his mental health, was to change in the nurse’s changing room.
The law on single-sex spaces in work is more important than enforced accommodation of Upton's belief or of any potentially declared mental health needs.
Case closed. Nothing to see here, clinical needs are more important and we shouldn’t expect our beliefs to be accommodated.
There is nothing to stop anyone campaigning to change the law e.g. for:
- trans-identifying males to use women's changing rooms to protect their mental health
- Haredi women to have all discharge forms complete by 1pm (and to be entitled to a Sunday discharge if this can't be met)
- schools and workplaces to accommodate Muslim prayer times
- enforcement of religious dress codes when visiting a specific location
- single-sex care to be provided whenever requested
Politicians can then propose Bills for discussion and parliament can weigh up the balance of belief and rights when making and updating laws, including the impact on others who do not share the relevant protected characteristic.