NHS Fife could face enforcement powers by Britain’s equalities watchdog to protect women-only spaces, it has been warned.
The Equality and Human Rights Commission (EHRC) intervened as part of a controversial employment tribunal brought by Kirkcaldy nurse Sandie Peggie.
The EHRC had already written to NHS Fife reminding the health board of its duties and asking for impact assessments and policies which affect equalities to be handed over.
But in a response, NHS Fife chief Carol Potter reportedly failed to provide the documents requested.
Ms Potter also said the health board would not consider adjusting its policies until after the conclusion of the tribunal.
NHS Fife suspended Ms Peggie and launched a probe after she challenged Dr Upton, who was born male but identifies as a woman, for using the female changing room at Victoria Hospital, Kirkcaldy.
Ms Peggie brought an employment claim against NHS Fife and Dr Upton alleging discrimination and harassment.
In her letter to the EHRC, Ms Potter claimed the board’s policies “align with our legal duties and our values”.
The current policy says decisions should be made on a case-by-case basis on which changing facility transgender staff should be allowed to use.
Ms Potter said any changes as a result of the tribunal will be considered alongside the Scottish Government and trade unions.
But one legal commentator warned the health board could be subject to further claims as result of sticking to current policy.
‘We will consider next steps’
A spokesperson for the EHRC said: “We wrote to NHS Fife to remind them of their obligations under the Public Sector Equality Duty, and request that they provide information relevant to the provision of changing facilities for their staff and the rights of different groups in the application of these policies.
“We are currently reviewing the response NHS Fife provided and will be writing to them again shortly.
“As Britain’s equality regulator, we will consider any appropriate next steps, including the use of our enforcement powers.”
What powers does the EHRC have?
When it decides organisations are not complying with equality and human rights law the EHRC has a range of powers.
This includes opening a formal investigation or even applying for an interdict in the Scottish court. This is a legal order which prevents an unlawful act.
