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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
DrBlackbird · 17/03/2026 20:06

I mean, the whole "didn't consider or think there would be an impact on women" thing?

The case starkly illustrates how women and their needs and their rights just do not matter. Completely irrelevant to the point that raising this issue startles the people involved. Including other women. Including HR.

The kindest interpretation is that women are so used to subverting their needs to men that this is an unconscious stance with respect to any consideration.

@Jimmyneutronsforehead Flowers for tomorrow. We too have an elderly dog. They are family.

KnottyAuty · 17/03/2026 20:10

Thanks to everyone for posts and updates.

sorry to hear about your dog @Jimmyneutronsforehead

is the reason that the witness kept saying that the showers were not their space because when the write their policy (that included showers) they didn’t think that this applied. So they didn’t really think it through but wouldn’t have anyway because of the union

Keeptoiletssafe · 17/03/2026 20:20

@Jimmyneutronsforehead thank you and hope all goes as well as possible tomorrow x

FranticFrankie · 17/03/2026 20:20

Sorry about your gorgeous dog @Jimmyneutronsforehead
Thanks for updating, all 💐

EmpressDomesticatednottamed · 17/03/2026 20:25

SlackJawedDisbeliefXY · 17/03/2026 19:28

Yup, it all makes sense. Just stay at home you bigot.

I'm not sure that staying at home would be acceptable as this would likely be viewed as denying someone's gender identity - a crime that will get you added to the little book (see contemporaneous notes)

Oh yes, women have to be out and about in order to validate transpersons and ensure they don't have sad times.

Catiette · 17/03/2026 20:28

DrBlackbird · 17/03/2026 20:06

I mean, the whole "didn't consider or think there would be an impact on women" thing?

The case starkly illustrates how women and their needs and their rights just do not matter. Completely irrelevant to the point that raising this issue startles the people involved. Including other women. Including HR.

The kindest interpretation is that women are so used to subverting their needs to men that this is an unconscious stance with respect to any consideration.

@Jimmyneutronsforehead Flowers for tomorrow. We too have an elderly dog. They are family.

Agree that that's it. I just find it so hard to understand. I mean, imagine yourself being presented with that policy and giving it a bit enthusiastic tick! When you think of it like that, you also realise how much other things have interacted with this, too, above all

  1. Institutions like the BBC in promulgating the TWAW myth (during those great few days when JKR challenged the Scottish police to arrest her for speaking truth, I overheard a couple discussing it: "Oh well," said she, trying to give Public Enemy Number 1 the benefit of the doubt, "I think it's that, while they really do look the same physically, there are still some genetic differences that set them apart...")

  2. Most people being 🐏🐏🐏. Sadly.

Keeptoiletssafe · 17/03/2026 20:30

Watch out for if (when?) SC champions the complete privacy in a toilet design (with or without sink) and in showers so it’s inclusive. Completely missing the point of the health and safety advantages for a person not being in a completely private cubicle that’s open to the public. Healthy men are the least likely to understand the danger of this design.

NC was clever mentioning the toilet door gaps - there’s never been a regulated mixed sex design with them in as far as I know. Just to absolutely confirm in my discussions with them, the HSE have written to me to say only single sex toilets within a single sex environment can have door gaps (this is in relation to a discussion England) but I can’t see anything in Scotland, Wales or Northern Ireland to contradict this.

It’s the same argument of ‘inclusive’ design hiding everyone away in private toilet cubicles so the sex and drugs don’t ‘really’ happen. I mean, this ‘inclusiveness’ in design supposedly started in trendy nightclubs in America - why would anyone in trendy New York nightclubs possibly prefer private cubicles?

Sex, drugs and vandalism is why radar keys were introduced for the mother of private, mixed sex designs (the disabled). Misuse is why we have a special section in the Sexual Offences Act about sexual activity in a toilet used by the public and an updated voyeurism section about recording devices. It’s why mixed sex, private automated toilets open after a set time period.

In my research, the safest and healthiest non-domestic design is the single sex toilet cubicle (with above and below door and partition gaps) within a single sex washroom. Exactly what Faye had access to but was denied because it was made a mixed sex space by her employer.

GreenFritillary · 17/03/2026 20:43

Keeptoiletssafe, have you written up your ideas, so we can quote them, please?

Mmmnotsure · 17/03/2026 21:42

@Jimmyneutronsforehead
All the very best for you and ddog for tomorrow.
He is lucky to have such a good person to do the best for him.

Keeptoiletssafe · 17/03/2026 22:52

GreenFritillary · 17/03/2026 20:43

Keeptoiletssafe, have you written up your ideas, so we can quote them, please?

I have written them up in a report but I currently have 90 pages with FOI answers, academic references, photos, graphs. All my ideas are backed up with evidence of multiple real life examples. I am planning to send it to the HSE and EHRC asap as the HSE said they like evidence of real life examples. It’s been pretty horrendous as I have been collating awful story after awful story. This also means I am a bit reticent to share it as I feel so sorry for the people it has affected (and am sure they didn’t anticipate their court cases being used in this way even though it’s all documented elsewhere). I have collated lots of incidents, focusing on the last couple of years, and want HSE and EHRC to realise what’s going on in loos. Adding more unisex provision without risk assessing and being extremely careful about monitoring, is not good.

Also things keep having to be rewritten! I have a finished school report you can have (that’s more generic) but it’s now outdated. The Department of Education design guidance has just changed which is exciting and infuriating. Some things have disappeared - the phrase ‘gender neutral’ doesn’t appear at all now but I think a unisex design still appears on each floor. They still have a 5mm door gap as standard but now from even younger at juniors 😡. Big news is that they have annexes quoting British Standards which I believe means all new schools will have single sex toilets - tentatively a result! I need to have a good look at it though so don’t quote me on that. It appears schools are going the right way.

So, in conclusion, I don’t know what to say? I would like some legal people to look at it if anyone is offering? Perhaps someone could edit my big report to make it more generic and then I could make it more widely available? It is basically a very long risk assessment and supporting having toilet door gaps in non-domestic toilet provision based on real life U.K. examples. So you are aware, the chapter headings are: death, escape, sexual assault and rape, voyeurism, health and hygiene, why design prioritises privacy over health and safety. I just have the last chapter to finish. It’s not pleasant reading and I am very conscious that it will be too much for many to read but unfortunately it’s all true. Everything is verifiable.

Keeptoiletssafe · 17/03/2026 22:59

Also can I just say the FWS judgement will save lives and prevent assaults by stopping more single sex toilet provision becoming enclosed. I hope they are on here and realise this xxxx

Heggettypeg · 17/03/2026 23:01

Jimmyneutronsforehead · 17/03/2026 16:48

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.

Been there with cats, several times. It's a bummer.
Giving your heart to an animal is like being the elf who loved a mortal, isn't it? You know goodbye will come and it will hurt.
But they're worth it.

MarieDeGournay · 17/03/2026 23:15

Jimmyneutronsforehead, I've made a donation to my local Dogs Trust in honour of your dear dog, to help the ones who weren't lucky enough to be loved by you and your family.Flowers

Jimmyneutronsforehead · 18/03/2026 00:05

MarieDeGournay · 17/03/2026 23:15

Jimmyneutronsforehead, I've made a donation to my local Dogs Trust in honour of your dear dog, to help the ones who weren't lucky enough to be loved by you and your family.Flowers

That's really lovely and thoughtful. Thank you so much ❤️

OP posts:
WFTCHTJ · 18/03/2026 00:59

Thank you to @Jimmyneutronsforehead and @Madcats over the last couple of days. It's amazing how often Schrodinger's Equality Impact Assessment makes an appearance (or rather doesn't) in these tribunals.

Ereshkigalangcleg · 18/03/2026 01:42

Thank you for the TT posting @Jimmyneutronsforehead and so sorry about your dog. Glad this is providing some sort of distraction ❤️

Davros · 18/03/2026 08:26

@Jimmyneutronsforehead so sorry about your lovely dog, that is a great photo with the blue ice cream 🐾 Thanks for your hard work keeping us informed on this case, and to others who have filled in

Jimmyneutronsforehead · 18/03/2026 08:32

Good morning everybody. Yesterday was exciting with the introduction of the first witness and getting to see Naomi do that Naomi does best.

This morning the CJ page is at 31,316!

I hope FayeRC is getting chance to check in on it every so often to see just how much we appreciate her bringing this case forward.

To anybody clocking in for the journey, make sure you've got your teas and coffees at the ready, the start time is 10am today.

I'll be doing the 10am-12pm stint live, Madcats may be available to pick up the afternoon as long as the stars remain in alignment although please bare with us if there's a small delay or if there are any unforseeable changes to the day.

In the event there is no afternoon live coverage or if this morning doesn't go to plan I will play catch up and paste a delayed transcript for the benefit of those who don't have access to tribunal tweets.

OP posts:
BunfightBetty · 18/03/2026 09:25

Morning all, not able to keep up with this in real time this week, but I'm catching up in evenings where I can.

Sending strength to Faye, and so much thanks for what you are doing.

Thanks for all the copying and pasting of the TT account of proceedings - it's so much easier to follow on here, and it's great to see everyone's comments too.

Jimmy I'm so sorry about DDog. Thinking of you and sending my very best. Flowers

MassiveWordSalad · 18/03/2026 09:48

Just saying thanks gain to those who have pasted for us.

@Jimmyneutronsforehead your lovely doggo is so lucky to have you taking care of him. It’s so, so hard, but I always try to think from the animal’s point of view that they are loved so much from beginning to end ❤️

SternJoyousBeev2 · 18/03/2026 09:50

@Jimmyneutronsforehead will be thinking about you and lovely DDog today Flowers.

Jimmyneutronsforehead · 18/03/2026 09:59

MassiveWordSalad · 18/03/2026 09:48

Just saying thanks gain to those who have pasted for us.

@Jimmyneutronsforehead your lovely doggo is so lucky to have you taking care of him. It’s so, so hard, but I always try to think from the animal’s point of view that they are loved so much from beginning to end ❤️

He was the puppy of our older, also now deceased dog. He was the first one born and I was with him then, and it's a privilege to be with him when he goes.

DS is at school, and he's asked if we can get an ice cream afterwards from the ice cream van and I think that's a fab idea so I'm really looking forward to that.

OP posts:
Jimmyneutronsforehead · 18/03/2026 09:59

Good morning, we will be reporting on Day 3 of LS vs NHS England at the Employment Tribunal. We expect to begin at 10 am.

OP posts:
Jimmyneutronsforehead · 18/03/2026 10:02

LS, also using the pseudonym Faye Russell-Caldicott, has filed a legal claim against NHS England alleging indirect discrimination on the grounds of sex, religion and disability (PTSD) and harassment related to her sex and philosophical belief (gender-critical).

The case challenges NHSE's trans staff policy, which permits male employees who identify as women to access female-only toilets, changing rooms and shower facilities.Women uncomfortable with the arrangement are directed to use gender-neutral toilets.

NHSE originally maintained that its policy is non-discriminatory but conceded liability to indirect discrimination relating to sex and disability.

Tribunal Tweets have been granted remote audio access to the hearing but also have a reported at the tribunal if needed.

We are a collective of citizen journalists and work on a voluntary basis. We endeavour to report everything that we hear but do not provide a verbatim report of proceedings. You can support us by subscribing to our Substack (link in bio) which funds some travel and our IT costs.

Abbreviations:

LS, or C - the anonymous Claimant, employee at NHS England

NHSE or R - NHS England, the Respondent

E - Elizabeth McGlone, solicitor for C NC - Naomi Cunningham, Counsel for C SC - Simon Cheetham, counsel for R

J - E Judge Deeley

GC - gender critical

GN - gender neutral

NB - non binary

TSP - trans staff policy

F- female

M - male

CR - changing room

EHRC - Equalities and Human Rights

Commission

SC - Supreme Court

EIA - equality & impact assessment

PSED - public sector equality duty

EA - Equality Act 2010

PC - protected characteristic

X - original office building

Y.

  • later office building

Ix - investigation

IO - investigation officer

Gx - grievance

SS - single sex

DM - Dr Montgomery

JR - John Ross, Head of Corporate Estates

Sound quality has been intermittent and we apologise for any omissions. We report what we hear and if we can't hear a specific person or at all for a period we will make that clear.

OP posts:
EyesOpening · 18/03/2026 10:04

Thinking of you and your dog today, OP, and of course, Faye. Thank you for the post too.

I’m sure I can hear the ghosts of Impact Assessment officers talking about the impact on women and saying it’s only the bloody TERFs who it affects so it doesn’t count, ✅, no need to write anything down.

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