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Feb 10 27 tweets 6 min read Read on X
We will continue this mornings coverage from this tweet. Abbreviations in the first tweet from this morning.
NC - Asking whether imaginary Pete was allowed in F CR - you said depends on sincerety - correct?
DU - yes
NC - no way a female user can judge.
DU - judging sincerety is difficult.
NC - all they have is that he is male an din the CR
DU - they might know her pronouns, no need to be unkind to Pete, shouldn't assume insincerity either.
NC - you also mentioned where he might be on his transition, but am I right you also said no amount of treatment is needed?
DU - yes, some people can't tolerate it
DU - some don't want it, it's not necessary for your GI.
NC - it's true that we don't need to get to numbers but large numbers of trans don't have any changes
JR - not for this witness
J - this is for other evidence.
NC - do you agree rules that keep men out of F spaces
NC - don't imply all men are a risk
DU - based on the suspicion they could be, if it's a safety issue. SO if you are assuming there's a higher degree of safety risk.
NC - there's a higher propensity ot violent and sexual crime in men, doesn't imply all men are violent
DU - you are talking about cis men?
NC - again, the rules don't imply all men are a danger.
J/DU interupt eachother
J - you are asking this witness about all of society?
NC - it is a matter of logic, asking DU to agree it's logical that rules don't imply all men are predators
J - do you mean WOrkplace regs 1992?
NC - no more generally, widespread phenomenon
J - but not universal, there is mixed changing
NC - asking witness to agree that sexed spaces don't imply all men are predators.
DU - I think I'm being asked, there is common split ofr CR, reason
DU - is safety, and not all men are predators
J - not quite. lets try slowly
NC - are sep by sex changing facilities common, and it doesn't follow that people believe all men are predators.
DU - agree most people think that, someone won't, but most
NC - some men are predators tho
DU - yes
NC but they are more likely to be.
DU - yes
NC - so keeping TW out of female spaces is the same, nobody is saying TW are predators
DU - I've seen people say all TW are predators.
NC - I'll try again. Keeping TW out doesn't mean people think all are predators.
NC - keeping TW out doesn't imply that TW are predators.
JR - what rule is being considered now?
NC - I'll try again. If you exclude TW from womens facilities, that exclusion doesn't imply all TW are predators. Logical structure.
DU - I believe it implies large proportion are
DU - predators. Your example compares men and TW, it implies the amount who are predators is on a parity with men which isn't true.
NC - the reason for exclusion, or wanting to exclude TW is not about predators it's that they are men. Keeping them out makes it single sex
DU - transwomen aren't men so the men's would be mixed if TW were in there. It's a tautology.
NC - your argument hangs on TWAW
DU - yes
NC - I've asked about your knowledge of women's discomfort around men. Now going to ask about SP's discomfort. Refs to picture. Weird incident
NC - SP walked into room, I said hey, she left, saw another walked in, there was a chat. I think she left because of me, sad, emoticon of sad
DU - disappointed face.
NC - we know from that 26th Aug you knew SP was uncomfortable
DU - inferred she didn't want me in CR
NC - didn't ask that, jus tyou became aware she was uncomfortable.
DU - noted she didn't want to change with me, may have been anger, upset, anything
NC - without specifics, 26th Aug she didn't want you there?
DU - that was the impression I got.
NC - another note
NC - 25 10 23 she did it again SP in CR, she left, found her outside, didn't even say hi. Weird. Similar thing.
DU - pattern of behaviour yes
NC - you must have known it was because you are a man and she was uncomfortable
DU - for clarity I'm not a man, it may have been my trans
DU - status. Gut reaction was hostility based on trans status. Presumed she didn't want to share space, that was her decision, assumed it was my trans status.
NC -- any reason she might be more comfortable with a man?
DU - trans man, cis man?
NC - a man
DU - I've never discussed
DU - her comfort around different GI's
NC - she was in a changing room with a man
DU - not a man, she must have assessed my trans status in some way.
NC - even if she wasn't aware of your trans status she would find your presence difficult and humiliating
DU - never expressed
DU - I can guess, I thought it sad that she might have transphobic views, I can only report my experience
nC - despite knowing she was uncomfortable you carried on
DU - yes
NC - you carried on doing something which SP found humiliating.
DU - can't speak of her emotions
DU - I was told I could. I can't speak of her feelings, I have to get changed and so I did. I'm sure we wil talk about Dr Searle I told her what was going on and just like everyone else I continued using the facilities
NC - you describe yourself as TW, so born male, male body
DU - so you are a man and you wish to be seen as a woman
JR - there are lots of questions there, one at a time.
NC - you are a TW, not a Cis woman
DU - yes
NC - don't have a female body
DU - that has no definition, I'm female and I have a body so biologically female
NC - what distinguishes you from a cis woman?
DU - me or all TW?
NC - either
DU - TW woman assigned male at birth and wishes to live as a woman.
NC - how does assignation happen?
DU - look at body make a best guess if they can, not always clear, I'm not an obstetrician
NC - never suggested you have a DSD?
DU - I;ve provided a comprehensive answer
NC - so no DSD, for most it takes no expertise.
DU - no legal status
NC - it's an observation a 5 year old can make
DU - 5 year olds are quite different, not a marker of intelligence just age
NC - I'm saying both you and SP, no matter what your GI, you are a man
DU - disagree
NC - insisting colleagues accept you in CR without signs of discomfort you are demanding they go along with things you and they know aren't true
DU - disagree I'm demanding, I can't make people comfortable. Spoke to DS and didn't escalate because I can't.
NC - insisting SP share a room without signs of discomfort. That insistence is bullying and abusive
DU - I've not insisted and it's not a falsehood and it's not B+H
JR - is this going to be B+H through the policy? Can that be put please?
J - could be harassment under policy/law/different ways, not my role to determine what qu asked
JR - if under policy she should ask.
J - can make in submission
NC - in 1984 novel have you read
DU - no
NC - the torturer insists 4 fingers are 5, the ultimate torture is making Winston say something they both knew to be untrue. It's comparable isn't it.
JR - is my opponent comparing my client to a torturer?
That is worse than the C comparing to a rapist.
J - we'll break
J - return at 2.

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More from @tribunaltweets

Jul 29
This is the second afternoon session, Sandie Peggie vs Fife NHS Trust & Dr Upton at the Employment Tribunal in Dundee.
J No questions from us. NC?
NC No
J That was your chance to follow up on your objection q
NC Nothing further
J Thank you SP. You may go. Concludes C case
J We would like written submissions, partial or skeleton, with at least a list of authorities by noon tomorrow and parties can
provide supplementary by 25 August. Appreciate more time requested but we are trying to balance all commitments to avoid further delay. If oral subs desired, we've identified some dates in Sept - 1, 2 or 29th.
JR Can do 1 or 2 if NC can. Early Sept would be good.
NC Yes, can do
Read 8 tweets
Jul 29
The afternoon session will start at 13.20 with a private case management meeting. We expect to be admitted after the private matters are concluded. Sandie Peggie vs Fife NHS Trust & Dr Upton at the Employment Tribunal in Dundee.
Image
The employment judge has given specific directions to witnesses called by the parties to not read our, or any other, coverage before giving evidence: Image
Read 51 tweets
Jul 29
Second morning session continuing cross examination of Dr Maggie Currer on final day of evidence about to start:

NC Re the 1 line para of letter of 5 Jan re SP being referred to NMC: want to set a few things out. If the NMC does take FtP claim she'd be able to see evidence of
referrals. Or arising from other hearings. So other evid may come to light
MC I understand
NC U seem to be acknow a referral has been made. It's what u were told in a face to face mtg
MC I never thought she had been referred. Pending the Ix results, if found if she'd broken
NMC code of conduct she cld be referred. No idea why I wrote it. At no time thought she had
NC Its a big deal to be referred, tell colleagues this
MC Yes, was no intent in my error typing the email
NC What plausible way to make that error. It doesnt look like an autocorrect
Read 45 tweets
Jul 29
We are due to begin live tweeting day 9 of Peggie v Fife Health Board and Dr Upton at the earlier time of 9.30am.
Today is the final day of evidence and will begin with Dr Maggie Currer returning to the witness box. Image
A reminder about our reporting: Image
An admonition from the Judge for future witnesses: Image
Read 42 tweets
Jul 28
We resume after a break for an issue with the bundle not containing all of the new pages

JR This is new evidence recently produced. The BGC from Jan 2024. We wont say others names. [reads re trans have all the rights and the only way we can get round this is ??]
What did u make of this by SP?
LN I just need a moment to think. I think she's trying to find a quicker way around this , going forward
JR Can u describe any more
J Can u put yr mic down?
JR what do u mean?
LN Only way we can do this is to say we werent told about this.
She's trying to find someone to blame as we have the protocols. She possibly shld have looked at the protocols when she 1st realised she had an issue w DU
JR GH says about mtg DU [reads omg I had the same shit..on and on about pronouns. who did the it refer to?
LN To DU
Read 75 tweets
Jul 28
Our scheduled start time in Peggie v NHS Fife & Dr B Upton for this afternoon's session is 1.30pm. Two witnesses are scheduled for today, both emergency nurse practitioners: Lindsey Nicoll and Fiona Wishart but if there's time a new witness for the Claimant may give evidence. Image
A reminder about our reporting: Image
The Judge's admonition for future witnesses: Image
Read 35 tweets

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