explore | Grilled Cheese

@nevereverdave.bsky.social Oct 15, 2026, 9:07 AM

3/3 Cunningham spoke on what drove and still drives her mission on gender critical activities to which she dedicates much of her legal attentions.

#BBC #Scotcast sought to get a broader sense of this person who burst into temporary very high visibility via #Peggie

www.bbc.co.uk/sounds/play/...

@nevereverdave.bsky.social Oct 15, 2026, 9:07 AM

2/3 ..it in his ruling preface. Arguably we saw being kind finally put to death during #Peggie employment tribunal as Cunningham brutally lashed and tore at the Doctor; whom, at best was an extra to the #Peggie/NHSFife fracas driven out of Britain by humiliation; borne of authorised legal thuggery.

Appeal No. UKEAT/0105/20/JOJ

EMPLOYMENT APPEAL TRIBUNAL

ROLLS BUILDING, 7 ROLLS BUILDINGS, FETTER LANE, LONDON, EC4A 1NL

At the Tribunal

on 27th & 28th April 2021

Handed down on 10th June 2021

Before

THE HONOURABLE MR JUSTICE CHOUDHURY (PRESIDENT)

MR C EDWARDS

MRS M V MCARTHUR BA FCIPD

MAYA FORSTATER

APPELLANT

(1) CGD EUROPE

(2) CENTER FOR GLOBAL DEVELOPMENT

(3) MASOOD AHMED

RESPONDENTS

(1) INDEX ON CENSORSHIP

(2) EQUALITY AND HUMAN RIGHTS COMMISSION

INTERVENORS

1

Transcript of Proceedings

JUDGMENT

© Copyright 2021

notwithstanding its potential to result in the harassment of trans persons in some circumstances, fell within the protection under Article 9(1), ECHR and therefore within s.10, EqA.

However:

a. This judgment does not mean that the Employment Appeal Tribunal has expressed any view on the merits of either side of the transgender debate and nothing in it should be regarded as so doing.

b. This judgment does not mean that those with gender-critical beliefs can 'misgender' trans persons with Impunity.

The Claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment that apply to everyone else.

Whether or not conduct in a given situation does amount to harassment or discrimination within the meaning of EqA will be for a tribunal to determine in a given case.

c. This judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the EqA.

They do.

Although the protected characteristic of gender reassignment under s.7. EqA would be likely to apply only to a proportion of trans persons, there are other protected characteristics that could potentially be relied upon in the face of such conduct.

d. This judgment does not mean that employers and service providers will not be able to provide a safe environment for trans persons.

Employers would continue to be liable (subject to any defence under s.109(4), EqA) for acts of harassment and discrimination against trans persons committed in the course of employment.

*** my emphasis ***

18. In a poll of 1,000 employers across a variety of industries in June 2018, one in three employers admitted they were less likely to hire a transgender person and 43% were unsure if they would.

19. Social isolation, social stigma and transphobia can have serious effects on transgendered people's mental and physical health.

Research shows that levels of self-harm and suicide ideation among young trans people and trans adults are much higher than for cisgender people (those whose gender identity corresponds to the gender assigned to them at birth).

20. The coronavirus pandemic with its lockdown and periodic restrictions has had a particularly damaging effect on trans people.

Research shows a high level of mental ill health, caused by increased discrimination and hate crime, isolation and reduction in peer group support, in some cases being required to stay at home with transphobic families, and reduction in access to specialised medical or advice services."

4. The vulnerability of many trans persons is something we bear very much in mind.

This case, however, is not about whether greater protection ought to be afforded to trans persons under the EqA, the Gender Recognition Act 2004 ("GRA") or otherwise, such legislative steps being a matter for Parliament and not for the Court.

***This appeal is about the much narrower Issue of whether the Claimant's belief as to the immutability of sex is one that amounts to a philosophical belief under s.10, EqA.

***For the reasons we set out below, we have come to the conclusion that it does.

***That does not mean, however, that those with gender-critical beliefs can indiscriminately and gratuitously refer to trans persons in terms other than they would wish.

***Such conduct could, depending on the circumstances, amount to harassment of, or discrimination against, a trans person.

***5. With those introductory remarks out of the way, we proceed with our judgment, which is structured as follows:

@nevereverdave.bsky.social Oct 9, 2026, 9:45 AM

Tapping my feet awaiting the Judge determination on #Peggie/NHSFife case. Given what someone posted yesterday about the apparent pythonesque latitude granted the prosecution's vast irrelevances in presentation; it should be interesting reading.

@nevereverdave.bsky.social Oct 7, 2026, 8:48 AM

5/5 Media had worked exceptionally hard to get a #JasonArday "result" from #Peggie/NHSFife Tribunal; actively supported by a Tribunal Judge prioritising a KCs personal comfort around accommodating a trans person's preference on mode of address unleashing media & crushing the one innocent individual.

@nevereverdave.bsky.social Oct 2, 2026, 12:31 AM

On the rolling #Peggie/RCN case. All I'll use the BBC for here is:

"At the end of the hearing, employment judge #MelanieSangster told the parties she will deliver a written judgement "as soon as (she is) able"."

@nevereverdave.bsky.social Sep 30, 2026, 5:10 PM

That was excellent listening and of course it's from Oct 16th, 2025 and matters have firmed up re #EHRC failings, entrenched GC legal houndings #Peggie vs #NHSFife driving Upton out of UK with Navratilova on her heels and the anti trans kids school guidance in force since beginning of Sept. FFS.

@nevereverdave.bsky.social Sep 26, 2026, 8:56 AM

Once again #BBC fail to exercise important due diligence in summarising the #NHSFife/Peggie story thusfar where they 'accidentally' forget to mention finding that #Peggie in the changing room 'confrontation' was deemed harassment of the Dr. KC wandering all over too.

www.bbc.co.uk/news/article...

@nevereverdave.bsky.social Sep 25, 2026, 12:26 PM

#Scotcast touched on #Peggie's funder in a somewhat frivolous reference - probably beyond their paygrade to examine the way this is leaning application of the law to those with deepest pockets and as we see with #SexMatters & #KenwoodPonds repeat actions it's a modern day siege to financial ruin.

@nevereverdave.bsky.social Sep 23, 2026, 10:55 PM

So flood put them together in the changing room. All skewed for #Peggie imo. "She's small, quietly spoken, a lady in her 50s; who feels very strongly about single sex spaces. [So not the foul racist gagster we heard] groomed in gap between hearings to hone performance - that never happens no, no. 🤷‍♂️

@nevereverdave.bsky.social Sep 23, 2026, 10:55 PM

Listening to potted summary again, very definitely Mr Martin Geissler does not mention #Peggie held back to deliberately confront Dr Upton in the changing facility. It was determined #Peggie in that respect harassed Dr Upton. What's been shoehorned in is Peggie allegedly having a menstrual flood.

@nevereverdave.bsky.social Sep 23, 2026, 10:40 PM

The reference #Peggie made to Rapist #IslaBryson for Dr Upton's presence and #Peggie's difficult relationship with male doctors [irrelevant Dr Upton being a woman] having been abused in the past mentioned as perhaps rationale to her suspension - doubtless that will be fully revealed in days ahead.

@nevereverdave.bsky.social Sep 23, 2026, 10:40 PM

Unlike other programmes the BBC run #Scotcast bumbles along on the #Peggie tribunal and the action against #RCN just now and they shoogle along a knife edge of transphobic but mibee trying not to be. Dr Upton won't be testifying she's in Australia now, driven out by rampant media toxicity.