Following the successful outcome in LS v NHSE the remedy judgment of Leeds ET has now been handed down. The Claimant was awarded a sum for injury to feelings, to include a payment for interest. Disappointingly, and despite the evidence given on behalf of NHSE, the Tribunal did not make any order for recommendations. We consider there was reasonable scope and basis for the ET to make such recommendations given it was agreed, during cross-examination that there was nothing unreasonable about the recommendations being sought. By way of reminder, the following recommendations were proposed:
- That R should announce forthwith to its entire workforce and publicly that its single-sex facilities are available to staff on the basis of biological sex, and that use of opposite-sex facilities will be treated as a disciplinary matter.
- That R should announce forthwith to its entire workforce that it will be conducting a review of all its relevant policies, guidance, training materials and similar to ensure that none of them perpetuates the claim that staff with cross-sex identities are entitled to use facilities provided for the opposite sex and invite staff to assist in identifying relevant documents requiring review.
- That R should within 20 working days commence and within 60 working days complete the review referred to at ¶2 above.
- That in conducting any equality impact assessments required by the review of its policies, R should engage among others with SEEN in Health (the NHS Sex Equality and Equity Network).
- That R should conduct a general review its EDI training to ensure that it is consistent with the Nolan principles of objectivity and honesty and engaging with both SEEN in Health and the human rights charity Sex Matters in the process.
- That all internal EDI training modules/documents (e.g. MAST Equality, Diversity and Human Rights offline document and e-learning launched in May 2026) remove any adverse inference/reference to gender critical beliefs and ensure they are referred to neutrally in the same way as any other protected characteristic/protected belief.
Our client has taken time to fully digest the remedy judgment and has decided that she will not appeal the outcome. This case has taken 4 years to come to conclusion with a considerable toll on the Claimant and her family life. The remedy judgment of the ET was followed by the announcement last week that NHSE had issued new guidance on single-sex spaces, namely that patients should be cared for on single-sex hospital wards that align with their biological sex.
In addition, NHSE staff facilities should be used by people based on their biological sex. NHS Trusts should ensure that enough alternatives to single-sex facilities, such as single-occupancy toilets, are offered. The announcement is welcome given it reflects the judgment of the Supreme Court in For Women Scotland which simply clarified the definition of ‘sex’ as being biological sex, for the purposes of the Equality Act 2010. It was neither a change in the law or something new.
We wish to take a moment to reflect on our client’s courage and commitment to her case, her rights as a woman, a Muslim woman and a woman who lives with the daily trauma of having experienced sexual violence in her past. We know that our client pursued this case not just for her but for all women, to protect their right to have access to safe single-sex spaces.
Our client’s final crowdfunding statement sees her comment further on the remedy judgment and she also takes the time to thank each and every one of her supporters.
It has been a privilege to act for the Claimant in this case and to witness her strength, tenacity and success. Credit to Naomi Cunningham for her expertise in this field, her stellar advocacy and adding to her growing repertoire of ‘toilet’ cases.’
This press release was written by Elizabeth McGlone, Managing Partner of didlaw and solicitor for the Claimant.
