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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
anyolddinosaur · 18/03/2026 15:09

Naomi is sometimes hammering at evidence of bias, maybe the judge thinks he's got enough already.

StopThePigeonNow · 18/03/2026 15:09

Jimmyneutronsforehead · 18/03/2026 11:14

Come up n visit us in't tarn. Wiv gorra watter fountain n't kids run rand it wen t'weathers alreyt.

I’m a deedah. I knew what tha were on abaht.

Shortshriftandlethal · 18/03/2026 15:09

anyolddinosaur · 18/03/2026 15:09

Naomi is sometimes hammering at evidence of bias, maybe the judge thinks he's got enough already.

Hopefully!

Shortshriftandlethal · 18/03/2026 15:11

At least PG is naming the mixed sex showers as 'mixed sex'.

anyolddinosaur · 18/03/2026 15:11

Havent had a reminder for a bit that a garden signposted Protect Single-Sex Facilities at Work is still in need of plants.

Madcats · 18/03/2026 15:11

NC - 2 set of showers in basement - obvious why PG - can't comment.
NC unnerving for women encountering a male in that facility.
PG Can't answer.
NC very easy for a man to push woman into a cubicle,\NC lonely area. Both sets been made mixed sex. Obviously well adapted to have one for M and F.
PG can't comment for HMRC.
NC - clear that HMRC were amenable to change signage.
PG yes to ensure clear - mixed use to avoid confusion
NC no request to make M and F showers?
PG We asked - subject to HMRC external design team so remain mixed use.
Earlier NC said His Ws has been drafted with expert assistance, if put before you, unfair that shd nt ask it briefly. (think TT must have missed a bit here?)
NC - Do you agree with me you couldn't lawfully stop a TIM from using the men's? That would be direct discrimination.
PG agrees.
NC - TI men can use the men's, women's or unisex facilities?
PG - Yes.

Shortshriftandlethal · 18/03/2026 15:15

Naomi illustrates that a TW could have used any facility they chose: Male, female, unisex, yet the claimant could not ( she couldn't have used used the male facilities)

Madcats · 18/03/2026 15:15

NC - procedure not acceptable to insist a transperson uses only own sex or the disabled.
NC C wouldn't be allowed to use the men's as not a man?
PG Yes.

MarieDeGournay · 18/03/2026 15:15

Madcats · 18/03/2026 14:59

NC para 44B WS - specific set of SS cubicle facilities you accept she never became aware of them in 7 years at QH. Only ones were the accessible one. NHSE staff are exhorted not to use accessible facilities.
PG - for the individual to assess if they have access needs.
NC - commonsense that you use usual facilities if no disability as make someone else wait. Quite proper to feel great hesitation abt getting in way of someone who needs those facilities.
PG I can understand that.

That's an improvement - NC has in the past suggested using the accessible facilities as gender neutral facilities for able-bodied people, which was v disappointing.
Nice to see she's taken on board that spaces designated for disabled people need to be respected too.

Madcats · 18/03/2026 15:19

NC - can't use the women's as men there, so can only use unisex facility.
PG Wouldn't say she can't use it. She chooses not to.
NC setting aside probs of finding a unisex facility in a hurry, isn't this [contempt for your female staff]?
PG I don't make policy. I wouldn't use that language.
NC It does fall to you as member of the grievance panel. Message to women that their needs come very late behind [those of men]. Break 10 minutes.

My X feed seems a bit creaky this pm (not sure whether it is at the Court end of my computer)...rebooting in the break

Cailleach1 · 18/03/2026 15:20

Not able to view, of course. I hope that J’s tetchiness is not about what some might try to misconstrue, and dismiss, as women making a big fuss over the way they have been trodden upon, and female facilities in essence removed to facilitate men’s access to roam where they want.

Indeed, how can one speculate that C would not have been satisfied if they removed discriminatory policies which seem to uniquely disbenefit women?

CriticalCondition · 18/03/2026 15:27

Just to point out that the judge, Elizabeth Deeley, is a woman and a she, not a he.

AssignedTERFatbirth · 18/03/2026 15:28

CriticalCondition · 18/03/2026 15:27

Just to point out that the judge, Elizabeth Deeley, is a woman and a she, not a he.

I’d thought that but hadn’t gone back to check. Thanks.

Rightsraptor · 18/03/2026 15:31

I was about to say that too, @CriticalCondition.

Do we know if NHSE even told staff they might find differently-genitalled colleagues in the showers? I'd guess not.

anyolddinosaur · 18/03/2026 15:31

Thanks for the reminder.

So PG has just said he doesnt accept Faye has PTSD or her faith or GC belief as he thinks it's a choice for her not to use facilities with a man in them.

CriticalCondition · 18/03/2026 15:31

Sorry, it was making me twitch given the circs!

Madcats · 18/03/2026 15:39

Apologies. I am having now joy accessing X (and I don't seem to be the only one).

We might have to wait until TT uploads to their substack this afternoon?

ProfNebulousDeadline · 18/03/2026 15:42

Rightsraptor · 18/03/2026 15:31

I was about to say that too, @CriticalCondition.

Do we know if NHSE even told staff they might find differently-genitalled colleagues in the showers? I'd guess not.

Good point. And they seem to be blaming it on HMRC policy which I would hazard a guess is exactly aligned with NHSE.

Cailleach1 · 18/03/2026 15:51

CriticalCondition · 18/03/2026 15:27

Just to point out that the judge, Elizabeth Deeley, is a woman and a she, not a he.

It is no guarantee of an intrinsic respect, or giving due regard to the rights of other women against the ‘wishes’ of men. No matter how wretched a woman is, or has been, dealt with by way of policies or beliefs.

I always remember it was nuns who ran the Magdalen Laundries, and Mother and Baby Homes in Ireland. Treating other women and their children (as vulnerable as you could get) in a contemptuous manner. I think it has to do with social influence (a sort of grooming), to prioritise men, and stigmatise women.

Of course, recent Irish legislators made it much, much easier for men so inclined to opportunistically gain access to women and children they may to wish to abuse/offend in some way. Women’s refuges, or anywhere women (along with girls and young boys) may be in a state of undress and/or vulnerable. Mental, emotional and physical abuse of women. Plus ca change.

Madcats · 18/03/2026 15:54

TT have posted to say they were having problems too. With 45 minutes left today, they will post in one chunk by the sounds of things.

Cailleach1 · 18/03/2026 15:58

anyolddinosaur · 18/03/2026 15:31

Thanks for the reminder.

So PG has just said he doesnt accept Faye has PTSD or her faith or GC belief as he thinks it's a choice for her not to use facilities with a man in them.

Don’t tell me! He is all about the inclusion and kindness of people, and policies to do with that. Well, men anyway.

Also, Faye can’t use the men’s as facilities that would be for men, but should have to accept pr!cks (literally and figuratively) in the women’s as that would be different somehow.

EyesOpening · 18/03/2026 16:00

Rightsraptor · 18/03/2026 15:31

I was about to say that too, @CriticalCondition.

Do we know if NHSE even told staff they might find differently-genitalled colleagues in the showers? I'd guess not.

How very dare you, they might look different to your uneducated eyes but if you Just Try A Bit Harder you will find they are exactly the same! (She says recalling a post/thread here were a TiM was addressing a meeting of medical people (GPs ?) and saying they should be calling TiMs’ genitalia vaginas/vulvas)

anyolddinosaur · 18/03/2026 16:03

People have an expectation of privacy in the showers, remember - so if you notice someone else's genitals you are at fault for not walking around with your eyes shut. Therefore you dont need any warnings as you wont see them. But of course it is only women expected to do that.

Jimmyneutronsforehead · 18/03/2026 16:04

Hi all, I'm back but my brain isn't in an information absorbing state so I'm going to go out and enjoy some sunshine and fresh air. Thank you so much @Madcats again for taking over, X is also being really iffy for me too but had wondered if it was my signal.

DDog went peacefully, but he managed to get a few bits in while I was trying to get him in the car, and did wee on me. They sedated him first and I think he was so weak the sedation did the job, but they did administer the rest just to be sure. He has had a lovely morning walking round the garden like we've been fibbing about his mobility issues, he laid in his favourite spots, he had some chicken nuggets, and I cuddled his head while he went.

I am feeling a lot of relief, and should be fine to take over tomorrow although there may still be some delays as DS won't be at school.

OP posts:
Cailleach1 · 18/03/2026 16:05

anyolddinosaur · 18/03/2026 15:31

Thanks for the reminder.

So PG has just said he doesnt accept Faye has PTSD or her faith or GC belief as he thinks it's a choice for her not to use facilities with a man in them.

Yes, but a man saying he is a woman is not to be queried (and certainly not by actual women). I think another one who says that babies are assigned a sex, (maybe by baby sorting hat).

I think credible would not be something I would assign to such a thinker.

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