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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:
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OpheliaWitchoftheWoods · 16/03/2026 17:25

Londonmummy66 · 16/03/2026 16:47

Which should be a clear case of disadvantage as not being able to come in to work and be around your team means that you run the risk of being overlooked for projects/promotion etc and don't have visibility for your work.

In comparisons: is it ok to not have an accessible loo for a wheelchair using employee because they're only in sometimes?

And obviously: would a man with gender identity be happy to be required to use the male facilities on his days in the office if he isn't in much?

Or would it be expected that having knowingly employed these people they must have equality of access?

Proportionality would seem to be more 'we have 90 female employees, 88 of them require single sex provision' and ensuring that the number of single sex women's loos reflect this.

Jimmyneutronsforehead · 16/03/2026 17:35

Just checked the crowd justice and it looks like it is a whopping £1000 better off than it was this morning.

That is amazing. I'm not sure if @FayeRC will get chance to check it herself as I imagine her evening will be spent preparing ahead for tomorrow but I hope she feels the love and support we're all giving her.

OP posts:
Xiaoxiong · 16/03/2026 17:39

Proportionality would seem to be more 'we have 90 female employees, 88 of them require single sex provision' and ensuring that the number of single sex women's loos reflect this.

Yes. A number of tribunal barristers have tried to run the argument as "we have 90 female employees, 1 of which has complained, so we need to consider that only 1 employee needs SS toilets rather than 90. "

anyolddinosaur · 16/03/2026 17:43

I hope Faye is having a good meal and a nice strong drink and she or her lawyers see the fund rising.

MassiveWordSalad · 16/03/2026 17:56

Thank you @Jimmyneutronsforehead and @DameProfessorIDareSay for keeping us updated today.

SternJoyousBeev2 · 16/03/2026 18:06

Thank you @Jimmyneutronsforehead and @DameProfessorIDareSay

I get the impression that staff knew this bloke before he started his stunning and brave journey to the female facilties…or am I missing something?

mateysmum · 16/03/2026 18:10

anyolddinosaur · 16/03/2026 17:43

I hope Faye is having a good meal and a nice strong drink and she or her lawyers see the fund rising.

Edited

As Faye is Muslim I think the 'strong drink' might be tea or coffee!

AssignedTERFatbirth · 16/03/2026 18:28

Thanks for the updates. I’m well informed and able to follow along - so I’m grateful.

EmpressDomesticatednottamed · 16/03/2026 18:40

Xiaoxiong · 16/03/2026 17:39

Proportionality would seem to be more 'we have 90 female employees, 88 of them require single sex provision' and ensuring that the number of single sex women's loos reflect this.

Yes. A number of tribunal barristers have tried to run the argument as "we have 90 female employees, 1 of which has complained, so we need to consider that only 1 employee needs SS toilets rather than 90. "

Interestingly part of the pinned tweet at the top of Naomi Cunnigham's X account says:

One woman complains and it's "nobody else minded!"
Several women complain and it's a "pile on"

nocoolnamesleft · 16/03/2026 18:55

mateysmum · 16/03/2026 18:10

As Faye is Muslim I think the 'strong drink' might be tea or coffee!

Hopefully a hearty iftar, preferably with supportive friends and family.

mateysmum · 16/03/2026 18:58

nocoolnamesleft · 16/03/2026 18:55

Hopefully a hearty iftar, preferably with supportive friends and family.

I used to love Iftar when I lived in Dubai. A lovely spirit of welcome and sharing. We'd always try and stay off the road just before Iftar. Lots of very hungry people rushing home!

anyolddinosaur · 17/03/2026 07:53

Sorry for forgetting how long Ramadan lasts. I have even more admiration for Faye's performance in court since she is fasting. A reminder that if you need a signpost to a garden look for Protect Single-Sex Facilities at Work and/or Fayes pseudnym Faye Russell-Caldicott.

Jimmyneutronsforehead · 17/03/2026 08:54

Good morning everybody, I should be available most of the day today, bar a few short break offs if I am needed elsewhere where there may be some small delays to pasting.

I will not be available from 2:30 while hopefully just 3:30 if anybody can take over for that hour. If not, don't worry I will still paste but there may be a longer delay as the signal at the school car park is diabolical.

DDog did not pass away yesterday and we've had a run around from the vet, and so he is booked in for tomorrow, so I'd be grateful if someone could pick up the afternoon session tomorrow after 12, or after the lunch break, which ever comes first.

OP posts:
katmarie · 17/03/2026 09:28

nocoolnamesleft · 16/03/2026 18:55

Hopefully a hearty iftar, preferably with supportive friends and family.

This is an excellent point though, Faye is not only going through the no doubt horrendous experience of this tribunal, she's likely doing it while fasting throughout the day as well. It must be a grueling experience for her.

KnottyAuty · 17/03/2026 09:35

Xiaoxiong · 16/03/2026 17:16

I think the H&S regs say something about "sufficient" toilets - this makes sense so eg. at a workplace where 90% of the staff are male, the expectations of numbers of male vs female toilets will be different than in a workplace where the staff are 50/50 male/female or 90% female. However, having googled, I found this: "On 31 March 2023, NHS England employed 18,930 people. 64.6% of our workforce were women and 35.4% were men."

https://www.england.nhs.uk/long-read/gender-pay-gap-report-2023-for-nhs-england/

On that basis, having no single sex female toilets available at all seems unlikely to be proportional to the employee makeup regardless of how many people complained.

Incidentally, the workforce comprises 4.96% colleagues identifying as lesbian, gay or bi (LGB), 79.31% as heterosexual, 0.31% recorded as ‘other’ and 15.41% are unknown. The median gender pay gap was 8.66% in favour of men. The median sexual orientation pay gap was...0%!

Ooh are there figures to allow calculation of the TIM/TIF pay gap?! My hypotheses would be that TIMs are either 0% or minus figures and TIFs are the same as other wims…. Really these figures should be published if other Equality Act characteristics are checked….

KnottyAuty · 17/03/2026 09:38

In comparisons: is it ok to not have an accessible loo for a wheelchair using employee because they're only in sometimes?

This!

This is considered a completely unacceptable approach under the disability discrimination act (as was). Like it also was with toilets for women - heather binning was told someone “couldn’t” employ her because there weren’t any women’s toilets…. Cause and effect

nauticant · 17/03/2026 09:45

Sorry to hear about DDog OP. I hope you find a calm resolution tomorrow.

CaminoDays · 17/03/2026 09:45

@Jimmyneutronsforehead
I am sorry to hear about your dog and really appreciate you keeping the thread updated when you obviously have a lot going on.

Jimmyneutronsforehead · 17/03/2026 09:49

CaminoDays · 17/03/2026 09:45

@Jimmyneutronsforehead
I am sorry to hear about your dog and really appreciate you keeping the thread updated when you obviously have a lot going on.

It's honestly a welcomed distraction, I absolutely love being part of threads that bring everybody together it makes my heart glow.

OP posts:
Jimmyneutronsforehead · 17/03/2026 09:51

nauticant · 17/03/2026 09:45

Sorry to hear about DDog OP. I hope you find a calm resolution tomorrow.

Sorry, it duplicated and I'm not sure why.

OP posts:
Jimmyneutronsforehead · 17/03/2026 09:51

nauticant · 17/03/2026 09:45

Sorry to hear about DDog OP. I hope you find a calm resolution tomorrow.

Thank you. The original plan was yesterday morning the vet would come out but they've loaned their van/ambulance for an emergency call out to another franchise so it has delayed things. We've had a guarantee for tomorrow though.

OP posts:
Jimmyneutronsforehead · 17/03/2026 09:53

Boil your kettles now!

OP posts:
Jimmyneutronsforehead · 17/03/2026 09:57

Its started. One sec

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SerafinasGoose · 17/03/2026 09:57

Another poster belatedly joining to root for Faye.

Thanks for starting the thread @Jimmyneutronsforehead - sorry to hear about your dog.

Jimmyneutronsforehead · 17/03/2026 09:58

Tribunal Tweets

@tribunaltweets

DO NO HARM

We will shortly be reporting from day 2 of LS v NHS England (NHSE). 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

@tribunal...

2m

DO NO HARM

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@tribunal...

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Tribunal Tweets

Replying to @tribunaltweets

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.

Tribunal Tweets

Women uncomfortable with the arrangement are directed to use gender-neutral toilets. NHSE originally maintained that its policy is non-discriminatory but has recently conceded liability to indirect discrimination relating to sex and disability.

DO NO HARM

2

@tribunal...

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Tribunal Tweets

NHSE agreed that the claimant is disabled with PTSD and anonymity and reporting restrictions on her real identity were granted in preliminary hearings.

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

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