Faye Russell-Caldicott needs you!

[Rightsraptor]

There have been posts about Faye Russell-Caldicott's Employment Tribunal case before if you're thinking the name is familiar. And, BTW, it's a pseudonym as she has been permitted full anonymity.

She's taking NHS England to an ET for indirect discrimination on three grounds:

1. Her gender critical beliefs
2. Sex
3. Religion & disability

She's got the crack legal team of LIz McGlone (solicitor) and Naomi Cunningham (counsel). Jo Phoenix will be giving evidence. It looks as though The Good Law Project was refused leave to intervene. The tribunal is scheduled for 6 working days starting on 16th March and no, I can't see that being long enough either based on previous cases. However. She has a crowdfunder at CrowdJustice, which is easily findable by putting that with her name in your browser.

The bad news is that she has only raised £26,471 out of a stretch target of £70,000 and that's where we come in: we really need to help her if we possibly can. Since this case is about NHS England permitting male staff who ID as women to use the loos, changing rooms, showers etc for female staff, I've been waiting for the news that this case has been settled because how can they continue with this rubbish after the recent tribunal cases, right? They can't win! But it's not happened yet, the ET is only a couple of weeks away and who knows?

TT will be on the case, I think, but I can't imagine it will be pubic access due to the anonymity factor.

Thx for reminder - will get out my trowel

Thank you, will do what I can

Do we not have gardening threads any more? I was looking for one yesterday but the latest one was from last year.

I just had a look at this. I'm a bit puzzled by the case. What, exactly, has happened? It's not clear from the crowd justice page. Is it a pre-emptive case, based on the fact that with the policies as they are, she can't be confident that toilet and changing facilities are single-sex? I can see from case updates that she has PTSD, but what's the link with religion; is she Muslim, or is this aspect on an in-principle basis?

I thought JKR's fund was supposed to be available for women taking their employers to court. Is that not a possibility here? I don't want to be stingy or grudging, but women without very much spare cash, for whom the "odd" £5 or £10 may be a significant sacrifice, have been called on a lot to fund these cases. The majority of costs go on the charges of extremely well-paid solicitors and barristers. I know that's how it works, and I want to be supportive of women forced to take these cases from which we all benefit, but if a billionaire for whom the charges are small change is able to provide the resourcing, it would reduce the demands on women who really don't have very much to put their hands in their pockets again.

I don't know the answer to most of your questions @PhilOPastry62, I only know what's publicly available on the crowdfunder etc.

Any contributions are voluntary, JKR won't be doing it all and I'm shocked & horrified that we are still having to do this.

Thanks, @Rightsraptor and I'm sorry if I came across as snippy. At this point it feels like women are going to have to take every sodding NHS trust to court, and we're paying through it twice, through our taxes (to enable the trusts to try to defend the indefensible) and through crowdfunds. You'd think that after the Darlington nurses case, NHS trusts would just give in and follow the law.

Oh I know @PhilOPastry62, it's all just bloody exhausting and like being trapped on a hamster wheel going round & round. There's always another ET on the horizon. When will it end?

I can't believe this one looks to be going ahead. Still, it's 2 wks+ away so it might be settled yet.

Just posting the link to a long running thread that Faye RC comments on.

https://www.mumsnet.com/talk/womens_rights/5159395-employment-tribunal-case-to-protect-single-sex-facilities-at-work?page=1

Gardening done.

Contributed

Yes she's Muslim and the disability is PTSD.
I have to say I'm not entirely comfortable with the anonymity aspect of this. Who exactly is she hiding from?

It's not an ET. It's a full merits hearing to decide if she has a case against the NHS for their policy of including transwomen in single sex spaces.

Some lawyers are well worth paying for. And we have had huge satisfaction in knowing we have contributed in a small way to some of the wins. But I really really resent the fact we are still having to do this because of sheer relentlessness of it all. But in the past we have always been autonomous in funding feminist projects and over these years it has become the major issue wher we can have our say. But how many more cases do we need?

I haven’t yet looked at the merits of this one.

But I did feel a bit of an idiot having donated to support Alison Bailley, who is a successful barrister when all is said and done. I am glad she won of course, but do look back and think ‘Really?’

I am not going to share details of my own situation but, in terms of employment prospects, I am not sure that it is all that much better or worse than Alison’s was at the time.

The employment market is changing quite rapidly.

I've seen people talking about "gardening" before, and have no idea what it's about. Can you explain what you mean?

‘Gardening’ is donating to someone’s campaign fund. Usually their legal costs.

in this case I see that Faye’s case is against NHS England, so hopefully its effect will reach all the English health boards.

I know many of us are frustrated that the Supreme Court win hasn’t been taken on more but it is the law. Cases like Faye’s will show that’s established in the face of all those who are pretending otherwise.

Sex Matters is supporting it.

Thank you @WaterThyme ! It's that simple, huh 😂 I have donated to crowdfunders many times, no idea I had been gardening all along! Wonder how the name came about 🤷‍♀️

Faye describes it as a full hearing, which I'd taken to mean the 6 day ET - could the term 'full hearing' mean it's just about merits, then?

I'd rather it wasn't anonymous, too, but I'm trusting the process with that and assuming that she has very good reasons.

Will be gardening for this month shortly. Faye's garden is on my list. But there are so many cases and so many organisations to support, we can't support them all and we shouldn't feel bad about that.

But I did feel a bit of an idiot having donated to support Alison Bailey, who is a successful barrister when all is said and done. I am glad she won of course, but do look back and think ‘Really?’

Please don't feel like an idiot! That was before Rowling had started her fund and even a successful barrister couldn't have afforded the half-million it cost to bring her cases. Plus knowing that many women fund these cases in small amounts means that the women who bring these cases and often feel very alone know that many other women support them. And no-one can say it's just Rowling interfering.

Allison's original case was very important and would have been valuable even if she'd lost against GCC - she didn't, she eventually won against her employer. It allowed public debate and use of language that were otherwise totally shut down by press and BBC policies at the time and things that are said in court can be least be reported accurately. And as well as winning against GCC Allison Bailey holed Stonewall below the waterline even though only GCC were found legally liable - in court Stonewall disclaimed legal responsibility to an organisation that had trusted them. The case forced Stonewall to put disclaimers in about their training and exposed the dangers of their lucrative "champions" scheme and big organisations realised Stonewall was controversial and starting pulling out.

I am not so convinced that it's worth trying to hit Stonewall again on appeal, they are already a busted flush as far as I can see and I don't think Allison Bailey will benefit personally. But there are legal implications for other women about what an "inducement to discriminate" means.

So I do think these cases are worthwhile. To me the 'really?' is just that anyone had to bring the case at all(!)

Latest thread:

https://www.mumsnet.com/talk/womens_rights/5497784-still-some-scope-for-february-gardening

I think the fact that this one is against NHS England makes it especially important. Not only do NHSE set strategic direction, but most NHS policies are based upon NHSE templates. If NHSE starts following the law it will have an important and powerful effect on other NHS organisations.

We can all only garden where we have sufficient spare resources but planting here stands a chance of perennial growth.

Garden Court chambers are offering a pupillage stipend of £38k for a first sixth (6 months training period for new barristers) this year. I am fairly sure that experienced barristers like Allison are likely to be pulling in £200k plus, so actually she probably could have afforded the court case.

I don’t regret donating to other cases but wonder if that one was a bit misjudged.

You're also paying for the solicitors, who no doubt do excellent work behind the scenes, charged at between £300 and £500 for an hour of their time (with VAT on top). I know it's how it works, but something simply doesn't sit right with me when people who earn less in a week than some of these solicitors earn in an hour, and people on benefits and pensions, are paying for the fees. I've contributed plenty to various gardening funds over the last few years, because I can't see an alternative, but it doesn't mean I think it's right.

How does the NHS think they are going to win this? Given the recent cases.

I'm not sure I could lay my hands on 2.5x my annual salary - last time I needed to do that was to buy a house, and for sure there was a mortgage involved.

Contributing to crowdfunders isn't mandatory, and if one doesn't appeal to you or you feel the person could put more up themselves, then that's up to you. I feel like I got my £20 worth of insight into the process and the madness of gender with Alison's tribunal.