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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
DameProfessorIDareSay · 16/03/2026 15:02

TT

LS I got a new line manager and discussion of when to work in the office. It was my intention to get close to what was agreed
SC I dont have a clear idea of how often u were in the office in a month
J Shld u look at time periods?
LS Aug- Sept x1-2 times. Zero in Oct.

DameProfessorIDareSay · 16/03/2026 15:03

TT

LS I was informed about the colleague transitioning then.
SC How did that effect you coming in later in hte yr
LS I was v reluctant as I knew there was a chance I might encounter this colleague I knew to be male in the F toilets. I didnt want to jump. I didnt want to offend him

DameProfessorIDareSay · 16/03/2026 15:05

TT

LS I knew who he was. I didnt know how to raise this issue.
SC Just looking at the nos, u didnt come in Nov & Dec
LS I think I did in Nov as I met XY. I wanted to meet with this person.
SC SO once in this time
LS Yes
SC In 2023, did u come into the office in the early Year?

DameProfessorIDareSay · 16/03/2026 15:07

TT

LS Yes, once early on, I think Jan
SC Was this the pattern?
LS There wasnt a pattern. I was trying to avoid coming into the office cos of the ? events. This is referred to in my emails.
SC Did u come in again?
LS I think so but I cant remember the dates

DameProfessorIDareSay · 16/03/2026 15:10

TT

SC So one more time?
LS I think I came into the office in May. I'm relying on correspondence to get that date as I cant remember. And then in July to meet the IX Officer about my grievance. Then to a leaving do. Then I cant remember but I may have come in after that
SC Y've given us about 6 occas u can recall

DameProfessorIDareSay · 16/03/2026 15:12

TT

SC U came to X workplace?
LS Yes
SC The grounds of your complaint are on pages..., [reads re layout of building X and tenancy] Look at the witness statement of Mr Goodfellow. In general context he talks about subleases and the terms of occupation.

DameProfessorIDareSay · 16/03/2026 15:13

TT

SC He says we dont have a licence to change common areas of the building but have to liase w HMRC to see if anything can be done. Is he incorrect?
LS I have never asked for substant changes to the layout but for engagement w relevant staff. I've never asked for big changes

DameProfessorIDareSay · 16/03/2026 15:15

TT

LS It may be the tenant cant change the building much but I've never asked for that
SC I was going to take u to the occupancy but I'll leave for now. From X date, NHSE was occupying the following floors of X building.

DameProfessorIDareSay · 16/03/2026 15:16

TT

LS Yes that sounds right. I was still on floor A, but at one point was on floor B. SC The config was pretty much the same for all floors
LS Yes, for toilets but not for desks
SC We can remind ourselves of the facilities. Looking at the Ix Report of your grievance (Gx)

DameProfessorIDareSay · 16/03/2026 15:18

TT

SC The report writer talks about a fiscal review [reads re layout of toilets and disabled were labelled gender neutral]
LS The description isnt correct. I challenged this at the time.
SC Look at [reads re SS facilities w communal area w M and F sign on hte doors

DameProfessorIDareSay · 16/03/2026 15:21

TT

LS Yes
SC ANd the disabled labelled gender neutral
LS Yes
SC Describing contents of various toilets. Do they reflect the facilities on yr floor?
LS Yes, gen speaking
SC A gp of SS toilets w own sink were on the corridor and were single occupancy

DameProfessorIDareSay · 16/03/2026 15:23

TT

LS No. I dont even recognise this and it doesnt reflect what I know. No single enclosed M toilet w same for F and another called Unisex. I have no idea where these are despite working in the building for x years. I wld need to be on different floor in a diff part of the building

LS to find these. I dont know where they are
SC [reads from WS]
LS no, this is the wrong office
SC Sorry, my mistake. In para 10 u say was a single occ toilet but none that open onto a corridor
LS They might exist but I have no knowledge of them. On the other side of building

DameProfessorIDareSay · 16/03/2026 15:26

TT

SC We may have to return to toilets but let's move on from there. Go to p81 of large bundle. I'll show u where my confusion has come from. Shows M toilets, F toilets and the unisex single use facility that opened onto a corridor
LS I didnt feel ? were usable for me any more

DameProfessorIDareSay · 16/03/2026 15:28

TT

LS There has always been disabled/ GN toilets at far R of the building. I didnt recog in this drawing what appears to be a single use toilet called F/ same for M. I do recognise the cubicle in p769. The F only cubicle became unusable for me after Dr Montgomery changed at work

DameProfessorIDareSay · 16/03/2026 15:30

TT

SC U werent req to change for work
LS No
SC So this relates to yr hobby as a runner
LS Yes, but why make this policy
SC You say, you came to the office about 6 times in the above period. How many times running
LS Zero cos of DM. running has been a hobby since age of 16

DameProfessorIDareSay · 16/03/2026 15:30

TT

LS It wld fit in well to run to and from work and allow me to exercise. It was my envisaged plan of how I'd work but then I ended up doing this zero times
SC There were some CR attached to the leisure centre
LS No. I have checked and challenged this
SC Was he making this up

DameProfessorIDareSay · 16/03/2026 15:33

TT

LS I have been told by staff that I cant use the leisure centre CR. The centre has prevented me from using them. I checked before taking my employer to court SC Is this a suitable time for a break?
J Take 10 mins but take more if you need to C

OdeToTheNorthWestWind · 16/03/2026 15:38

SC seems unusually poorly prepared here. I wonder if he has asked for this break to go off and berate his clients for giving him the wrong building plans?

thirdfiddle · 16/03/2026 15:41

The wrong office plan?? Off to a bad start.

Keeptoiletssafe · 16/03/2026 15:46

Bit embarrassing.

DameProfessorIDareSay · 16/03/2026 15:47

TT

We return
J I do appreciate u have health concerns but manay witnesses fine this difficult. It's been a long time waiting.
SC Can u go to Mr Goodfellow's witness statement? I want to correct what I said earlier. I took instruction in the break and talked to Mr G. You are correct

DameProfessorIDareSay · 16/03/2026 15:50

TT

SC It's not an access swipe card, and I was wrong to suggest u can enter. The leisure centre showers werent avail to you but there were sep showers, the communal ones, at the main rear area of the building
LS Yes, at rear entrance
SC NHSE aren't responsible for them but another

dept. Is he correct?
LS I have no knowledge about who was responsible for certain areas. I knew colleagues who used the facilities after sports/cycling. We didnt think about who had responsibility
SC U didnt use them in this period?
LS No

anyolddinosaur · 16/03/2026 15:50

So he did want the break to check with his client/ presumably politely express disbelief that they gave him the wrong plan.

Jimmyneutronsforehead · 16/03/2026 15:56

@DameProfessorIDareSay are you ok to carry on a bit longer? Sorry to be a pain, Monday just keeps happening.

OP posts:
DameProfessorIDareSay · 16/03/2026 15:56

TT

SC Turn to p454. Your email to Mr Ross on Feb 2nd. Headed "re toilet provision". John Ross was Head of Corporate Estates.
LS Yes
SC Do you recollect the email? Shall we all take a few minutes to read through it [reading]
SC I picked on this email as it puts 4wd a chronology

SC for us. It started w Trans and NB training. You asked about SS spaces in Nov and Jan. We have a sequence about yr concerns. Raising them and then repeating them
LS Yes SC On p468
LS Can I say something about the bundle. It started in Oct as I'd already raised w my line mger

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