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

[Jimmyneutronsforehead]

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 Faye Russell-Caldicott Crowd Justice to offer seeds of support. Less than 12 days left to get to target. If you're a woman, you know a woman, and you value women, this case does affect you as we could all find ourselves in this position with our employers and we need to send a message that we won't tolerate having our rights removed. Please if you can, send some gardening funds to the CJ page to help cover the legal fees associated with this case.

This is a continuation thread from: https://www.mumsnet.com/talk/womens_rights/5504170-tribunal-discussion-thread-supporting-fayerc-in-case-against-nhs-england-starting-160326?page=1

Thank you to everybody for showing your support to the wonderful @FayeRC. ❤️

It will be approximately 1 month before there's a verdict, and a provisional date set in August for a remedial hearing should the court find in FayeRC's favour.

Carrot count is at 32,923.

There are 7 planting days left.

I have planted. I very rarely post on this board but I am a long time lurker. I am in such awe of all the brave women fighting these cases and speaking out on this board against this transgender nonsense. Xx

Can I get in near the top of the new thread to ask - have the NHS conceded enough that FR-C has definitely won some of her claims, or have they only conceded certain legal points and not enough for her to definitely get compensated?
I guess the remedial hearing might still not be needed if the parties can come to an agreement without one.

She will receive damages for what has been conceded - that’s why there’s a remedy hearing booked in already.

Thank you nauticant for posting this thread on the old thread. I'd lost track of how many posts were left.

Thanks for the new thread

Thanks!

Not necessarily.

They conceded discriminatory policies.
They argue whether/how much it influenced this specific employee.
Remedy hearing was pencilmarked in advanced for practicality purposes, but the judge specified, it doesn't mean they have already decided there will be damages. Just that they expect the judgment will come soon enough.

It feels like a bit of progress has been made - looking at the bigger picture - in that NHSE were willing to concede anything at all, compared to previous cases. We’re still pulling one rotten tooth at a time though, with ordinary women cobbling together money to legally force these organisations to do what they should always have been doing 🤬

Lovely message from Faye on her latest update.

It would be nice if it was a quick turnaround on the judgement 🤞🏼

I echo that @DrSpartacularsMagnificentOctopus

A quick turnaround and a clear judgement

Or is it a judgment?

Gaaah, I can't remember- it was on one of the other tribunal threads!

It was one 'e' in the judicial sense,

Less than 5 days to go and at £33,003

NHSE policy still states:

The individual and the main contact should agree the point at which the use of facilities such
as changing rooms and toilets should change from one gender to the other. It is advised that
these facilities should be accessed according to the full-time presentation of the employee in
the new gender role, irrespective of their stage of transition.

But it also says this:

We are carefully reviewing the Trans Equality policy to ensure compliance with the legal position following the ruling from the Supreme Court in the For Women Scotland case on 16 April 2025. We aim to share updates on this review, with further updates to follow once the EHRC Code of Practice is published.

In that case if anyone reading works in these buildings and has had to share a workplace female toilet or showers with male colleagues/visitors then get a staff complaint in. You are highly likely to be due compensation for harassment and discrimination. The longer the policy is unlawful (and ignores the draft EHRC guidance) the more women can claim against them. And let's face it, the only reason they are not changing the policy is because there aren't enough complaints to stiffen their resolve against a bunch of TRAs....

It's another win!
@FayeRCTribunal who has won her case against NHS England!
Congratulations to Naomi Cunningham and Liz McGlone representing 👏👏👏
Tribunal finds the policy of permitting "trans women" to use female facilities was harassment in relation to sex & GC belief and its trans equality proceedure was harassment in relation to GC belief.
"

https://x.com/i/status/2054577625864015990

Just came on here to post the same!

🎉🎉🎉🎉🎉

More from Maya:

The claimant "LS" claimed that NHS England indirectly discriminated against women, Muslim women and women with PTSD relating to male sexual violence because of their policy of permitting trans staff to use the facilities of their gender identity at their offices.

💥 The Tribunal decided that the claimant’s complaint of indirect sex discrimination succeeded because the respondent failed to show that its policy was “a proportionate means of achieving a legitimate aim”.

• there is no express legal right for a trans person to use the single-sex facilities of their gender identity under the EqA or under Workplace Regs 1992;

• the respondent’s aims (including its aim of respecting the gender identity of its staff) were legitimate. But there was no express consideration of the impact on female staff.

• the respondent should have considered an alternative measure i.e. permitting trans staff to use gender neutral facilities. The Tribunal concluded that doing so would have had a lesser impact on its much larger number of female staff.

https://x.com/i/status/2054579175260905834

The claimant claimed that NHS England harassed her related to sex and GC belief by having a policy of allowing TW to use women’s single-sex facilities and because of the wording of the Procedure itself.

NHS England accepted that the policy and wording had the effect of violating the claimant’s dignity or creating a hostile, intimidating, humiliating or degrading environment for her but said that it was not reasonable to have that effect on the claimant.

💥 The Tribunal decided that it was reasonable for the policy to have the Harassment Effect on the claimant in relation to her sex and gender critical belief.

https://x.com/i/status/2054580223455174722

Wonderful news 🎉

SHES WON!!!!

Fabulous

Excellent news!

Amazing!!! Well done Faye!!!