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Feminism: Sex and gender discussions

Tribunal discussion thread supporting FayeRC in case against NHS England starting 16/03/26

1000 replies

Jimmyneutronsforehead · 15/03/2026 23:58

Thanks for joining in this discussion in support of @FayeRC and the case against NHSE.

This is a private tribunal case, so there will be no live viewing, however TT will be covering and I'll be doing my best to cover it here, however my Monday has become very busy, so any support from PPs is welcomed!

Groundskeeping rules, let's all remain respectful in our discussions. I'm sure TT will cover the Judges expectations for coverage in the morning. This should be a lot smoother as this tribunal isn't open for public viewing and so a lot less scope for error, however discussion should be about what is accurately being reported on and not misrepresented.

FayeRC is a pseudonym and so I ask that if anybody recognises FayeRC throughout the tribunal we respect the anonymity requested.

There will also be current, and frequent gardening requests on the crowd justice page, please search Faye Russell-Caldicott crowd justice if you can support. We have less than 17 days to help raise another £40,000.

"I have issued an employment tribunal complaint against NHS England for indirect discrimination on the basis of sex (women), religion (Islam), philosophical belief (gender critical) and disability (PTSD) for having a policy in place which effectively renders the supposed single-sex toilet, changing room and showering facilities as mixed-sex.
According to NHSE’s trans staff policy, transwomen (born males) can use female facilities in addition to male and gender neutral facilities. Which means that NHSE expects women to share female facilities with biological males. If a woman is not happy with that, she is directed to use the gender neutral toilets, and transwomen (males) can continue using the female facilities. The policy is blatantly discriminatory against women, especially in those office bases where the showers are open plan.
Simultaneously, my claim also includes claims of direct discrimination, harassment and victimisation related to my philosophical belief (gender-critical).
This is one of the first cases in England where a court will be asked to decide whether such a trans staff policy is discriminatory against employees with other protected characteristics. There has been no Equality Impact Assessment conducted in relation to the policy. When developing the policy, NHSE did not thoroughly consider the needs of women or the implications of trauma and religion, or the normal and common boundary a female member of staff might assert that she just simply does not want to shower in direct line of sight with a biological male.
The response from NHSE has been extremely disappointing. I have been told that all staff members are expected to follow the policy. I have been told that NHSE is already offering single-sex female facilities, which can be used both by “those born female, and those who identify as female.” Their rationale for not excluding transwomen from women’s facilities is that “even if there would only be one transwoman excluded from the female facilities, we would consider that unjustifiable unlawful discrimination.” In its response, NHSE effectively denies the relevance of biological sex as the basis for single-sex spaces.
My claim is that the current staff policy is discriminatory on the basis of sex, religion, belief and disability and the facilities should be made female-only by excluding males.
I will be applying for full anonymity, which will be essential for me to take the case forward, given my personal circumstances. If my application for anonymity is not accepted at the preliminary hearing, I will pass all remaining donations to another case of my choice which seeks to secure women’s single-sex facilities or services.
Please help by donating and sharing the link. Like with all court cases, there is a risk of losing. This crowdfunding pays for my legal fees. I will not be benefitting financially from the crowdfunding because the money raised will go directly to my legal team’s client account. Any compensation from the employer is likely to be modest. I am pursuing this case because women’s rights to safe spaces, safeguarding and consent should not be overridden.
Yours faithfully,
Faye Russell-Caldicott"

From FayeRC's own thread, here is the broad summary of events that has lead to this tribunal:

  • A male colleague transitioned in 2022. We were told the person would use facilities of their preference. Staff in my Directorate were told what was expected from us and this was in effect immediately.
  • We had open plan changing room and showers and usual cubicle toilets.
  • I am an actual woman, Muslim, gender critical and have PTSD. I cannot share facilities with males.
  • Following this, I raised in 2022 that facilities were effectively mixed sex. NHSE disagreed and said they were offering single-sex facilities for those born female and those who identified as female.
  • Raising these issues internally was extremely difficult for me and did not lead to any changes to staff policy. I argued ‘sex’ in EqAct 2010 meant biological and therefore could not include males who identified as women. They did not agree. Their interpretation was that if even one transwoman was excluded from female facilities that was discrimination on the basis of gender reassignment. I did tell them nearly all transwomen retained their penis and those who had it removed were males nevertheless.
  • I was effectively pushed out from female facilities to use gender neutral toilets which I have continued to use to date.
  • One would have thought Fife, Darlington and SC ruling were helpful but they have not prompted any changes to policy to date.
  • After SC ruling an all staff announcement was made in support of everyone, including those with trans supportive views and ‘other views’. Policy was put on hold and under review but not removed. It remains so for nearly a year later.
  • They have been waiting for EHRC guidance (on public service provision). I have told them they are waiting for a wrong piece of guidance. This is an employer-employee matter.
  • Policy was created with support from trade unions, Stonewall and GIRES. No women’s organisations, trauma support organisations or religious organisations were involved in policy drafting.

As mentioned earlier, I'll do my best to keep up with TT, but I've had a curveball thrown at me this weekend which will take up a chunk of Monday, however I shall keep you all posted so if somebody can take over when I am not available for all those that aren't on TwiX that would be great, alternatively I'll be sure to post the summaries at each break and redirect to Nitter in the interim.

Thank you to everybody who has already shown FayeRC their support, let's get this some traction and help a fellow wim out.

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Thread gallery
18
moto748e · 16/03/2026 00:55

And once again you think, why should all this be necessary? Just obey the law of the land, like the rest of us poor plebs have to.

ETA: grammar

Ereshkigalangcleg · 16/03/2026 01:20

Thank you! Will be following later. I’m a few hours ahead currently and know it’s v early there!

anyolddinosaur · 16/03/2026 05:28

if you need a signpost to the garden then look for Protect Single-Sex Facilities at Work

anyolddinosaur · 16/03/2026 05:52

Also forgot - anyone who does recognise Faye should be aware that saying anything that might identify her would be contempt of court, for which you can go to prison AND be fined. IANAL but suspect Faye could also claim generous damages as it would be seen as a deliberate attempt to cause harm.

Skyellaskerry · 16/03/2026 06:47

Thank you @Jimmyneutronsforehead
I am astounded that this case is even happening following recent rulings and cases.

ScarlettSunset · 16/03/2026 06:56

Skyellaskerry · 16/03/2026 06:47

Thank you @Jimmyneutronsforehead
I am astounded that this case is even happening following recent rulings and cases.

Indeed. There's nothing hazy about the law.
Single sex spaces are required for changing facilities at work. And single sex means based on biological sex, not on whatever someone decides they feel like.

When I was growing up, men would be at risk of being arrested if they went into women's facilities, now the women get into trouble for objecting, even after the law has been clarified.

I'd like to see large compensation being awarded as I think these institutions will only take notice when it hits them where it hurts. Obviously in the case of hospitals, that's not great for patients, but I still think it needs to happen.

ArabellaScott · 16/03/2026 07:45

Wishing FRC all the best today.

ArabellaScott · 16/03/2026 07:46
  • and OP, thinking of you.
PrizedPickledPopcorn · 16/03/2026 07:52

Sending all the best to Faye and her team, and thanks Jimmy for setting up the thread. I hope your day goes smoothly.

I feel for Faye, this must be so hard, especially with the anonymity element. Presumably she’s carrying the fear of exposure as well as everything else.

StillSpartacus · 16/03/2026 08:02

Thank you for the thread Jimmy and I hope your curveball smooths out. I appreciate your thread and any updates.

Faye - I am absolutely rooting for you and in awe of your inner strength and determination. Of all the cases, this is one of the most frustrating because there really is no reasonable excuse for not just following the law. Not now.

Hoping for a wise outcome.

MrsOvertonsWindow · 16/03/2026 08:17

Another one rooting for Faye. And another woman aghast that, despite the SC judgment, the NHS is so captured by these predatory ideas that single sex changing, showering and toileting is bigotry and unfair to men.
Every day the NHS demonstrates how so much of it - especially at senior level - is not just unfit for purpose, but is openly dangerous to women and children

Jimmyneutronsforehead · 16/03/2026 08:24

This is from Faye, dated yesterday 15/03/26:

One Day Before It Starts
A correction to the below. Respondent have conceded substantial disadvantage to women, Muslim women, women with PTSD but not individual disadvantage. Proportionality still needs to be determined as does harassment. Muslim disadvantage (in general) has not been conceded.

If you would like to follow the case, Tribunal Tweets will be posting on X.

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PrizedPickledPopcorn · 16/03/2026 08:31

Safeguarding 101, the people who want access to those kinds of spaces are the people who most need to be kept out.

RoyalCorgi · 16/03/2026 08:32

Jimmyneutronsforehead · 16/03/2026 08:24

This is from Faye, dated yesterday 15/03/26:

One Day Before It Starts
A correction to the below. Respondent have conceded substantial disadvantage to women, Muslim women, women with PTSD but not individual disadvantage. Proportionality still needs to be determined as does harassment. Muslim disadvantage (in general) has not been conceded.

If you would like to follow the case, Tribunal Tweets will be posting on X.

Thanks for this - it sounds positive-ish but I don't really understand what it means. How can they agree that their policy disadvantages those groups in general but not Faye in particular?

Jimmyneutronsforehead · 16/03/2026 08:36

RoyalCorgi · 16/03/2026 08:32

Thanks for this - it sounds positive-ish but I don't really understand what it means. How can they agree that their policy disadvantages those groups in general but not Faye in particular?

It sounds like such a non-apology, not even an almost apology from them. We also have no idea if them recognising this disadvantage has made any material changes, I suspect not given that they've only conceded this far the literal day before the tribunal commences. The court will see straight through this.

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StillSpartacus · 16/03/2026 09:08

PrizedPickledPopcorn · 16/03/2026 08:31

Safeguarding 101, the people who want access to those kinds of spaces are the people who most need to be kept out.

Every time.

StillSpartacus · 16/03/2026 09:15

I don’t have access to read the Health Service Journal but one of their headline updates this morning is that “just 3% of NHSE staff say change is managed well”. This being the organisation that has literally been managing significant NHS projects in recent years. Hmm

MyAmpleSheep · 16/03/2026 09:18

StillSpartacus · 16/03/2026 09:15

I don’t have access to read the Health Service Journal but one of their headline updates this morning is that “just 3% of NHSE staff say change is managed well”. This being the organisation that has literally been managing significant NHS projects in recent years. Hmm

That 3% includes the large cohort whose job titles or descriptions include the words “change manager”, “manage changes” or similar, presumably.

I wonder if that’s the entire 3%?

StillSpartacus · 16/03/2026 09:24

I think I can confidently say that more than 3% of NHSE staff have change manager / service improvement manager / transformation manager in their job titles.

Full disclosure. I may have to admit doing a two-year stretch at a strategic health authority back in the 2000’s and having one of these job titles. Blush

Jimmyneutronsforehead · 16/03/2026 09:27

I'm not sure what time the tribunal will be starting but based on past tribunals I know this to be around 10am if everything is off to a punctual start (ha!)

I have gotten DS off to school, so that's one thing off my to-do list, but I do have a few phone calls and appointments to attend which so far have not been given a timeslot. I will sit with my laptop at the ready, and I'll let you all know if I need to break off if there are any willing volunteers to take over TTs for a while.

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DameProfessorIDareSay · 16/03/2026 09:30

I’m mostly around and can fill in for some short periods @Jimmyneutronsforehead just let us know when you are ‘afk'.

Jimmyneutronsforehead · 16/03/2026 10:08

Still no update from TT's, which I know is common on day 1 while the court sorts out the administration.

I wonder if yesterdays spanner in the works has caused a delay to this mornings hearing.

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DameProfessorIDareSay · 16/03/2026 10:11

Maybe the NHS have now conceded on everything at the last minute and compensation is being discussed…who knows!

Jimmyneutronsforehead · 16/03/2026 10:15

That would be a wonderful outcome for FayeRC, although it's absolutely galling when they've had all this time to check their facts and have dragged someone through the brush as a delay tactic. It's not a very people first course of action that they've taken so far.

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Jimmyneutronsforehead · 16/03/2026 10:16

We have a start.

We are at Leeds Employment Tribunal hoping to live tweet the 1st day of LS v NHS England. LS, also known by the pseudonym Faye Russell-Caldicott, has filed a legal claim against NHS England (NHSE), alleging ..

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