NHS Fife admitted to having no policies in place for single-sex changing rooms two months before the controversial transgender row tribunal began.
Kirkcaldy nurse Sandie Peggie has taken the health board and trans doctor Beth Upton to an employment tribunal after she was suspended in the wake of a Victoria Hospital row with the male-born medic over sharing a female changing facility.
Earlier this week it emerged NHS Fife failed to carry out an impact assessment ahead of Dr Upton being given the green light to use it by manager Dr Kate Searle.
The development sparked fears it may have broken the law over duties to provide single-sex spaces under the Equality Act 2010.
‘No policies in place’
In a Freedom of Information (FOI) response on December 4 last year, health chiefs said: “NHS Fife does not have a single sex staff changing, toilet and showering
facilities policy in place.
“NHS Fife does not have policy in place to support staff in the workplace
who are transgender or staff who may be transitioning.
“However, support is provided as required.
“A new Once for Scotland NHS Scotland Equality, Diversity and Inclusion Policy is in the soft launch phase at present, which will be adopted as board policy.
“NHS Fife are unable to provide equality impact assessments for the above
policies as there are no policies in place.”
The tribunal in Dundee, which began on February 3, has made headlines across the world.
Mid Scotland and Fife Tory MSP Murdo Fraser says: “The more information becomes available, the more indefensible the position of NHS Fife becomes.”
He added: “We now know that there was no policy on single-sex spaces in place despite the legal requirements on the NHS board to provide these for female staff.
“Despite this, they decided to defend the Sandie Peggie claim and incur significant legal costs in doing so.”
Last week the Equalities and Human Rights Commission (EHRC) wrote to NHS Fife to remind the health board of its “obligations” around single-sex spaces.
At the tribunal last month, Ms Peggie’s line manager Esther Davidson said she “hadn’t really thought about the changing facilities at all” until the row erupted on Christmas Eve, 2023.
The senior nurse sought advice from Isla Bumba, the health board’s equalities and human rights lead officer.
Concerns
Ms Davidson, who suggested Ms Peggie change in a cubicle, said: “Isla advised me that Beth had a right to use the female changing room as she was a transgender woman and identified as a woman.”
Concerns were raised around the lack of communication from NHS Fife regarding Dr Upton and the changing facilities.
Ms Davidson added: “Apart from the conversation I had with Isla and the policies I have here, there is nothing I could find directly regarding transgender females.”
The tribunal will reconvene on July 16.
NHS Fife was contacted for comment.
