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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
CapabilityBrownsHaHa · 20/03/2026 19:54

Thanks to all for the work on this ET, especially @Jimmyneutronsforehead .

Naomi's oral submissions seemed very clear and "plain English" to me. Hopefully zero chance of any dodgy outcomes / interpretations.

Jimmyneutronsforehead · 20/03/2026 20:00

32040 seeds planted!!!

OP posts:
Changednameagain999 · 20/03/2026 20:03

I have followed all these tribunals avidly cheering them on and optimistic. Sandi Peggy, leonardos, Belfast film festival. The absolute horrendous lack of any common sense or understanding in the judgement have wiped me out. In every case the findings are abominable. I have lost any sense of optimism. I so hope this is a defining case. I have been affected by this in the NHS. Slightly different circumstances but related. I have to keep my hopes up.

TheSunjustcameout · 20/03/2026 20:03

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Mmmnotsure · 20/03/2026 20:15

moto748e · 20/03/2026 16:25

As you say, Knotty, the very simple and well-known point that ignorance of the law is no defence. SC's rebuttals very weak.

And this is - checks notes - NHSE. Rather than, eg, an individual running an ice-cream van/a tiny charity with an all-volunteer staff/similar.

Judellie · 20/03/2026 20:29

I am wondering now - when cases are won, damages awarded etc, does anyone actually go back and check that (eg) single spaces have been reinstated and (eg) the workplace regulations complied with?
Just after a previous poster mentioned that she was also affected, I really do hope these bodies become properly compliant with the law.
Apologies if that's a stupid question but it's not obvious to me.

Bunpea · 20/03/2026 20:36

Mmmnotsure · 20/03/2026 20:15

And this is - checks notes - NHSE. Rather than, eg, an individual running an ice-cream van/a tiny charity with an all-volunteer staff/similar.

I think that is too optimistic. NHSE has umpteen senior and middle managers with narrow experience, poor qualifications from 3rd tier universities, but the certainty that only a public sector employment contract and pension provides.

Mmmnotsure · 20/03/2026 20:41

Bunpea · 20/03/2026 20:36

I think that is too optimistic. NHSE has umpteen senior and middle managers with narrow experience, poor qualifications from 3rd tier universities, but the certainty that only a public sector employment contract and pension provides.

Yes. We have seen only too clearly the abysmal level of competence and thought processes from these people. But it's a large organisation - they should have had lawyers, or access to legal advice (paid for by the public). No need for ignorance.

AssignedTERFatbirth · 20/03/2026 20:50

Changednameagain999 · 20/03/2026 20:03

I have followed all these tribunals avidly cheering them on and optimistic. Sandi Peggy, leonardos, Belfast film festival. The absolute horrendous lack of any common sense or understanding in the judgement have wiped me out. In every case the findings are abominable. I have lost any sense of optimism. I so hope this is a defining case. I have been affected by this in the NHS. Slightly different circumstances but related. I have to keep my hopes up.

@Changednameagain999

Don’t lose hope! It’s not over til it’s over, and it ain’t over yet.

Leonardo was just out and out wrong. You can’t have toilet partitions with gaps in a room and call it mixed sex. That one is a slam dunk on appeal.

In Peggie it said women are entitled to spaces without men in them but fudged a lot of other things. What most telling about that case is that they literally had to lie about the content of cases to fit their findings. It was a judgment based on deceit and will fall. Still Sandy did have a partial win and it’s affirmed women’s rights.

In BFF we are still waiting - so there is still hope of some sense. Still I’m expecting the need for an appeal. The small mindedness of some participants would put your head away. But there is still hope.

Momentum is building, this case showed a world of difference in how the matters are being dealt with. Contrast the first part of Peggie trial compared with Faye R-C. Day and night in terms of language, acknowledgment and understanding that it has all been illegal and wrong. Oh so wrong.

The tide has turned just a long wait until it fully goes out.

ickky · 20/03/2026 20:50

Conxis · 20/03/2026 18:51

So NHSE have admitted Faye was discriminated against due to their policies not being legal but they didn’t know the policies were wrong until April 2025.
Will the fact they’ve done nothing to address this over the last year now they know they are not legal mean Faye will likely get a larger compensation payout, anyone know?

Their defence doesn't seem sincere as if it was they would have changed their practices and policy by now, especially in light of this Tribunal looming.

As NC said, they are waiting for the courts to do it for them so they can be blameless.

ProudWomanXX · 20/03/2026 20:59

Jimmyneutronsforehead · 20/03/2026 20:00

32040 seeds planted!!!

I donated!

WingBingo · 20/03/2026 20:59

I am a member @Rightsraptor !

I joined after I saw their poster, stuck on the back of a toilet door in WP

Anyhow, I don’t want to derail this very important thread.

Tribunal discussion thread supporting FayeRC in case against NHS England starting 16/03/26
FayeRC · 20/03/2026 21:05

Last day of Tribunal proceedings is behind us. Whatever happens, a huge thank you goes to Naomi Cunningham at Outer Temple, Elizabeth McGlone, Manuela de Castro and Beatrice Young at Didlaw for their fantastic work.

A judgement is expected in about a month or so.

Please support and continue sharing the case, we still have remedies hearing scheduled for later in the year which is likely to include more witnessing (if the judgement goes my way)

Thank you to Tribunal Tweets, Mumsnet commentators, supporters who dialled in remotely and those who came in person.

ickky · 20/03/2026 21:05

Changednameagain999 · 20/03/2026 20:03

I have followed all these tribunals avidly cheering them on and optimistic. Sandi Peggy, leonardos, Belfast film festival. The absolute horrendous lack of any common sense or understanding in the judgement have wiped me out. In every case the findings are abominable. I have lost any sense of optimism. I so hope this is a defining case. I have been affected by this in the NHS. Slightly different circumstances but related. I have to keep my hopes up.

Don't loose the faith. It is changing, just very slowly. The law is with us.

I watched M Foran on WRN and he was saying how long it took after the sex and race discrimination acts came in for it to change. He said FWS ruling was the first step.

It's worth a watch.

Jimmyneutronsforehead · 20/03/2026 21:10

FayeRC · 20/03/2026 21:05

Last day of Tribunal proceedings is behind us. Whatever happens, a huge thank you goes to Naomi Cunningham at Outer Temple, Elizabeth McGlone, Manuela de Castro and Beatrice Young at Didlaw for their fantastic work.

A judgement is expected in about a month or so.

Please support and continue sharing the case, we still have remedies hearing scheduled for later in the year which is likely to include more witnessing (if the judgement goes my way)

Thank you to Tribunal Tweets, Mumsnet commentators, supporters who dialled in remotely and those who came in person.

Edited

We will keep gardening my lovely. Make sure you get some rest, we're all behind you ❤️

OP posts:
JanesLittleGirl · 20/03/2026 21:25

£32,060 at the latest count.

Changednameagain999 · 20/03/2026 21:30

AssignedTERFatbirth · 20/03/2026 20:50

@Changednameagain999

Don’t lose hope! It’s not over til it’s over, and it ain’t over yet.

Leonardo was just out and out wrong. You can’t have toilet partitions with gaps in a room and call it mixed sex. That one is a slam dunk on appeal.

In Peggie it said women are entitled to spaces without men in them but fudged a lot of other things. What most telling about that case is that they literally had to lie about the content of cases to fit their findings. It was a judgment based on deceit and will fall. Still Sandy did have a partial win and it’s affirmed women’s rights.

In BFF we are still waiting - so there is still hope of some sense. Still I’m expecting the need for an appeal. The small mindedness of some participants would put your head away. But there is still hope.

Momentum is building, this case showed a world of difference in how the matters are being dealt with. Contrast the first part of Peggie trial compared with Faye R-C. Day and night in terms of language, acknowledgment and understanding that it has all been illegal and wrong. Oh so wrong.

The tide has turned just a long wait until it fully goes out.

Thank god!! Or whichever god. Allah. All our gods!! Xx

Llamasarellovely · 20/03/2026 21:35

HosannainExcelSheets · 20/03/2026 17:47

If my experience in one of the legal professions is anything to go by, GC individuals keep their heads down and mouths shut. RMW is regularly invited by my profession's Diversity and Inclusion group to give talks, and it would be career suicide to question the TWAW narrative. Oddly no one cares about TM...

Our inclusivity campaigns rarely champion women any more, and although I think there are a good proportion of people that are GC there's no momentum to speak up or speak out. The recent approval of a very controversial Trans Inclusion policy where I work was all about making TW feel comfortable with their preferences.

Ha, I bloody dont 😀 What's the point of being self employed and very senior if you dont stand up and be counted??

Rightsraptor · 20/03/2026 21:59

@WingBingo - may I DM you?

Rightsraptor · 20/03/2026 22:11

In Faye's ET it was revealed that women were expected to make blokes feel 'welcome' in women's spaces. Be welcoming to a naked man in the female showers? I don't think so. These people have no idea what they're talking about.

Jimmyneutronsforehead · 20/03/2026 23:03

Just in case this thread fills up over night, I have created a second thread.

https://www.mumsnet.com/talk/womens_rights/5506357-tribunal-discussion-thread-supporting-fayerc-in-case-against-nhs-england-part-2

Please fill this thread up first before moving over.

Goodnight everybody, it's been lovely hosting and thank you to DameProfessorIDareSay and Madcats for all of your wonderful support covering the tribunal. Hope everybody has a lovely restful night.

Tribunal discussion thread supporting FayeRC in case against NHS England part 2 | Mumsnet

Today the tribunal concluded it's oral submissions 20/03/26 for the case of Faye Russell-Caldicott v. NHSE Gardening is still underway, please search...

https://www.mumsnet.com/talk/womens_rights/5506357-tribunal-discussion-thread-supporting-fayerc-in-case-against-nhs-england-part-2

OP posts:
ItsCoolForCats · 21/03/2026 08:12

WingBingo · 20/03/2026 20:59

I am a member @Rightsraptor !

I joined after I saw their poster, stuck on the back of a toilet door in WP

Anyhow, I don’t want to derail this very important thread.

Is the poster still there? I'm in a different SEEN, and we've had issues with SEEN posters being ripped down 🙄 Could you imagine that happening with any other staff network?

WingBingo · 21/03/2026 08:15

@ItsCoolForCats no the poster is long gone.

@Rightsraptor yes sure.

TheSunjustcameout · 21/03/2026 08:43

Changednameagain999 · 20/03/2026 20:03

I have followed all these tribunals avidly cheering them on and optimistic. Sandi Peggy, leonardos, Belfast film festival. The absolute horrendous lack of any common sense or understanding in the judgement have wiped me out. In every case the findings are abominable. I have lost any sense of optimism. I so hope this is a defining case. I have been affected by this in the NHS. Slightly different circumstances but related. I have to keep my hopes up.

I think the trans fad unleashed the hidden misogyny of many many men and a significant number of women.

I'm happy they have revealed themselves as they revelled in their hatred of women. At least we know who they are now.

KnottyAuty · 21/03/2026 09:02

ItsCoolForCats · 21/03/2026 08:12

Is the poster still there? I'm in a different SEEN, and we've had issues with SEEN posters being ripped down 🙄 Could you imagine that happening with any other staff network?

It beggars belief!

But there was a witness that seemed to peak on the stand? Was the woman HR bod who realised during questioning tgat she was asking women to be OK with naked males in the open plan showers… It’s going to be very slow but there will be more and more HR people realising what they’ve been doing to others in the name of “inclusion”. I was relieved to see that the witness realised and admitted it… which makes space for others to do the same 🤞🏻🤞🏻🤞🏻

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