The equalities watchdog has intervened in the row over a transgender NHS Fife doctor’s use of a female changing room.
In a letter to NHS Fife, the Equality and Human Rights Commission (EHRC) asked for key policies and impact assessments on the provision of staff changing rooms.
Kirkcaldy hospital nurse Sandie Peggie is suing NHS Fife for discrimination, saying she was forced to share a changing room with a transgender doctor – A&E medic Dr Beth Upton.
Ms Peggie is also suing Dr Upton, who told an employment tribunal that NHS Fife bosses had approved the use of the female changing facility.
The tribunal has been adjourned until July, but the EHRC, which enforces the Equality Act, wrote to NHS Fife and the Scottish Government over the case.
Chairwoman Baroness Kishwer Falkner said: “Health bodies in Scotland, England and Wales must have an accurate understanding of the operation of the Equality Act as it relates to the provision of single-sex services and spaces.
“Today we reminded NHS Fife of their obligation to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment.”
Equalities watchdog demands documents
She added: “We have requested that NHS Fife provide us with a copy of any equality impact assessment relating to the provision of changing facilities for staff; any information relevant to how such policies have been kept under review; and any details on steps taken to ensure that the rights of different groups are balanced in the application of these policies.”
The EHRC letter also highlights law which says changing facilities will not be suitable without separate spaces for men and women.
Baroness Falkner added: “This week media reported on NHS Scotland’s forthcoming Guide to Transitioning, which the Scottish Government confirmed has been shared with health boards in preparation for its implementation.
“It is important that this guide, and all guidance, policies and practices which rely on it, faithfully reflect and comply with the Equality Act 2010.
“We have asked to meet with the Cabinet Secretary to discuss the Scottish Government’s role in ensuring that NHS Scotland and other bodies meet their legal obligations under the Equality Act.”
On Thursday, First Minister John Swinney defended the current guidance.
It says decisions to exclude trans people from single-sex spaces should be made on a case-by-case basis.
“That is the position and guidance supported by law,” he said.
A spokesperson for NHS Fife said: “We acknowledge the letter from the Equality and Human Rights Commission and note its contents.
“We will respond fully to the Commision in due course.”
A Scottish Government spokesperson said: “We will respond to this letter in due course.
“The Scottish Government expects all relevant organisations to comply with the requirements of the Equality Act 2010.
“As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.
“The Scottish Government supports the separate and single sex exceptions in the Equality Act 2010, which can allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim.”
Read more: Everything we know so far about NHS Fife trans row tribunal
