The head of Britain’s equalities watchdog is warning NHS Fife and other health boards they could be pursued if they don’t update their guidance on single-sex changing rooms.
In a landmark ruling from the Supreme Court on Wednesday, judges ruled that for the purposes of equalities law a woman is defined by their biological sex.
Now, the Equality and Human Rights Commission is drawing up fresh guidelines.
And the EHRC chairwoman, Baroness Kishwer Falkner, says the regulator could pursue health boards if they do not change their policies.
Current NHS guidance across the UK says transgender people should be treated according to their acquired gender.
It means a transgender woman would be treated no differently to a woman born female for equalities purposes.
NHS Fife tribunal
The impact of the previous guidance was brought into focus after a Kirkcaldy nurse sued NHS Fife for discrimination and harassment over its decision to allow a transgender A&E medic to use female changing facilities.
Sandie Peggie was suspended after confronting Dr Beth Upton in the women’s changing room on Christmas Eve 2023.
The EHRC has already threatened NHS Fife with further action after it failed to hand over its policies and other documents relating to how it managed single-sex spaces.
Speaking to the BBC, Lady Falkner explained the watchdog was currently working at pace to create a new code of conduct for single-sex spaces.
“We’ve been speaking to the health service for an inordinately long time – we will now be asking them when they will be updating their advice,” she said.
Asked if the EHRC would pursue the NHS if it doesn’t change, Lady Falkner said: “Yes we will.
“We will be having those conversations with them to update that guidance.”
NHS Fife ‘considering implications’
Following the judgement an NHS Fife spokesman said: “NHS Fife notes the clarity provided by today’s Supreme Court ruling regarding the legal definition of a woman.
“We will now take time to carefully consider the judgment and its implications.”
Mid Scotland and Fife Tory MSP Murdo Fraser called on the health board to concede defeat in the case brought by Ms Peggie.
Legal commentators expect the unanimous decision by the Supreme Court will lead to significant changes.
Alba MSP Ash Regan is also calling on the Scottish Government to end the policy of gender self-identification.
Ms Regan said: “Gender Self-ID is happening across public bodies in Scotland, in our schools, our hospitals and our prisons.
“As a result, the safety, the privacy and the dignity of women and girls is jeopardised every day.
“The Scottish Government must now set out, immediately, actions it intends to take to roll back these untenable and unlawful practices across Scotland.”
A Scottish Government spokeswoman said: “We will be engaging with the UK Government to understand the full implication of this ruling, particularly in relation to Equalities law, which remains largely reserved.
“And we will engage with the EHRC as a matter of urgency on the need to review its guidance considering this judgment.
“Finally, we want to reassure everyone that the Scottish Government is fully committed to protecting everyone’s rights, to ensure that Scotland remains an inclusive country.”
