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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.

OP posts:
Thread gallery
18
MarieDeGournay · 17/03/2026 16:30

Jimmyneutronsforehead · 17/03/2026 16:29

NC: That is the end of that set of Qs - good point to end?

[SC, NC, J discuss timings etc - NC says 30-45 minutes more cross-ex]

J: We will start at 10.00 again tomorrow.

[ENDS]

Thank you Jimmyneutronsforehead.
Wow what a session - some really devastating qq by NC, going right to the heart of the issue of single sex spaces being about sex not gender.

Jimmyneutronsforehead · 17/03/2026 16:32

You're all very welcome.

Just a reminder I will be busy from probably 12pm ish onwards tomorrow as our vet appointment is at 1pm, then I'll have the school run almost simultaneously afterwards so if anybody could pick up the late morning and afternoon sessions that would be really appreciated, but I will do one big paste when I'm free if everybody is busy just to keep us all up to speed.

OP posts:
CriticalCondition · 17/03/2026 16:33

Thank you @Jimmyneutronsforehead and @Madcats for bringing this to us this afternoon.

Xiaoxiong · 17/03/2026 16:37

VH is making much of the fact that the showers and toilets were not "NHSE estate" but were instead "rented facilities".

I don't see how that has anything to do with it - if NHSE was renting the toilets and changing rooms, and they were being used by NHSE staff, and NHSE has policies around toilets and changing rooms, then surely those policies apply to those employees using those toilets and changing rooms.

Madcats · 17/03/2026 16:37

I might not be able to do the morning, but should be around in the afternoon.

I hope the vet visit isn't too traumatic for you all.

FranticFrankie · 17/03/2026 16:37

Naomi is on fire.

I hope Faye RC is ok. It must be extremely difficult; having to relive her trauma. And the long wait to get here. I cannot imagine how she's feeling.
SC is pretty annoying- "women reframe your speech"
Cheek

SixthWorstOption · 17/03/2026 16:38

Wow, that was a strong finish from NC, and it seems like this witness (belatedly Hmm ) gets the issues. There was less fluff and obfuscation than in previous tribunals, mentioning no names of course!

Thanks @Jimmyneutronsforehead and @Madcats for the posting, and I hope tomorrow goes as well as can be expected, @Jimmyneutronsforehead Flowers

[Edited as my @s didn't work]

anyolddinosaur · 17/03/2026 16:39

Love that Naomi ended today pointing out that women could see mens genitals in the showers and the respondents witness saying everyone is entitled to privacy in the showers. Obviously does not occur to her that women might not trust men not to look at them.

Thank you jimmy, hope the vets appointment goes smoothly tomorrow. When you've had to take a heart breaking decision you just want it over.

EmpressDomesticatednottamed · 17/03/2026 16:42

fanOfBen · 17/03/2026 16:27

It's one thing to say the woman can look away if she doesn't want to see the man, but even if she does and even if that's enough to make that ok - it isn't - she can't control where he puts his eyes.

Yes, absolutely agree, it is reasonable for women to not want to be seen by a naked male colleague whose eyeballs she has no control over!

OdeToTheNorthWestWind · 17/03/2026 16:43

Thank you @Jimmyneutronsforehead and @Madcats for the posting.

I know there are reporting restrictions on this case, but does anyone think it is likely to be picked up by one of the major newspapers? It really needs something like a spread in the Telegraph to illustrate how ludicrous things have become.

MarieDeGournay · 17/03/2026 16:44

Did I miss a post where JimmyN said the visit to the vet was something very serious?
I hope it's not too bad - sending lots of good wishes just in caseFlowers

Jimmyneutronsforehead · 17/03/2026 16:44

Madcats · 17/03/2026 16:37

I might not be able to do the morning, but should be around in the afternoon.

I hope the vet visit isn't too traumatic for you all.

I think we're all just ready for it to be done now, the dog included. We are all covered in wee every time we have to lift him, his belly isn't getting chance to dry off and he can't use his back legs.

He has had his forbidden treat today, a blue ice cream on a twin cone with sauce, sprinkles and a flake. Yesterday he got 2 steaks.

This thread has been a breath of fresh air and I will certainly be back to it as soon as I can after our appointment and the school run.

Thank you everyone for your well wishes, it's nice to find your tribe and feel not alone.

Tribunal discussion thread supporting FayeRC in case against NHS England starting 16/03/26
OP posts:
ProfDrLapwing · 17/03/2026 16:47

Thank you to those who posted the tweets.

It makes me so mad that women have to parade their trauma (again) to make the point that males, however they identify, should not be in single sex spaces.

Also the ‘we lost the paperwork’ excuse is wearing a bit thin.

Jimmyneutronsforehead · 17/03/2026 16:48

MarieDeGournay · 17/03/2026 16:44

Did I miss a post where JimmyN said the visit to the vet was something very serious?
I hope it's not too bad - sending lots of good wishes just in caseFlowers

I think I touched on it on FayeRCs own post and definitely on my gardening post where there's a lot of people that share both boards, but not really here so I don't think you've missed anything.

Basically after I offered to start a thread, the day after our elderly dog really went into decline. He's been like it on and off, he was exactly like this over christmas but then improved a bit, but this time he isn't going to improve so we've decided it is time to do the right thing for him and put him to sleep while he's surrounded by everybody. The thread has been a lifesaver for my sanity.

OP posts:
MarieDeGournay · 17/03/2026 16:49

Oh dear, I did miss something.
I'm so sorry it has come to this. It's one last piece of loving for your beloved dog, who you don't want to see suffer any more.

Very very sorry, sending love to you allFlowers

Shortshriftandlethal · 17/03/2026 16:50

FranticFrankie · 17/03/2026 16:37

Naomi is on fire.

I hope Faye RC is ok. It must be extremely difficult; having to relive her trauma. And the long wait to get here. I cannot imagine how she's feeling.
SC is pretty annoying- "women reframe your speech"
Cheek

It's all he's got, and he knows it.

PoshCoffee · 17/03/2026 16:52

Thank you for posting @Jimmyneutronsforehead and Flowers for tomorrow. It’s never easy 🙁

anyolddinosaur · 17/03/2026 16:55

As barristers trying to defend the impossible go SC's doing a decent job. He has to put his client's case. Naomi reframed the question nicely - as the Supreme Court has actually stated that for discrimination cases trans women remain their biological sex. So the respondents cant dispute that without admitting they dont care about the law.

DrSpartacularsMagnificentOctopus · 17/03/2026 16:56

Thanks @Jimmyneutronsforehead and sending love for tomorrow Flowers

Love the pic with the blue ice cream, my last (and very special) cat's final meals were a portion of cod from the chippy and the middle of a Magnum 💜

ThreeWordHarpy · 17/03/2026 16:56

ProfNebulousDeadline · 17/03/2026 16:26

VH: I am surprised by this content.

We aren't.

I am currently lying tragically on the sofa as I am Unwell and the indescribable noise I made in reaction to that had DH scurrying in from the kitchen with the sick bucket. He wasn’t reassured when I disappointedly said that I thought Pete the Plumber was coming and he asked where the digital thermometer was. (Temperature still raised at 38.5°C but down from its peak of 40.4 at the weekend). I got as far as waving my phone and muttering Mumsnet and Tribunal and he slunk off back to the kitchen with an eye roll. To be fair he did ask if it was the Sandy Peggie appeal first.

many thanks to @Jimmyneutronsforehead for starting the thread and posting from TT and FlowersGin and/or Cake as needed for your vet visit tomorrow. @Madcats thanks for stepping in today.

MarieDeGournay · 17/03/2026 17:00

All Human [and animal] Life Is Here, isn't it?!
Hope you get better soon, ThreeWordHarpy🤒

Jimmyneutronsforehead · 17/03/2026 17:02

I've been given a bottle of Baileys for Mother's day which we turned into ice cream in our Ninja Creami and there's almost a full tub left with my name on it for tomorrow.

Just hoping the kids don't mistake it for the chocolate nesquik ice cream we also made, or more deliberately, pretend to mistake it for the chocolate nesquik ice cream.

OP posts:
BIWI · 17/03/2026 17:02

So sorry to hear about your dog @Jimmyneutronsforehead. Those pesky pets do steal our hearts, don't they? Flowers

MarieDeGournay · 17/03/2026 17:02

It does indeed, Naomi, it does indeed😀

Tribunal discussion thread supporting FayeRC in case against NHS England starting 16/03/26
GreenFritillary · 17/03/2026 17:06

Where SC made me swear out loud wasI'm not challenging yr GC beliefs but want to understand them.
Bullshit. He understands all this stuff fully.

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