The UK equalities regulator has written to both the Scottish Government and NHS Fife about staff access to single-sex changing facilities.
The Equality and Human Rights Commission (EHRC) said it wants to meet with Health Secretary Neil Gray to discuss a forthcoming “guide to transitioning” document, while also reminding the health board of its “obligations” under equalities legislation.
The intervention comes after the reporting of a high-profile, employment tribunal involving a nurse at the health board, which has seen the Scottish Government come under pressure to explain its policy on the issue.
Nurse Sandie Peggie took NHS Fife and transgender medic Dr Beth Upton to an employment tribunal over a row about being forced to share female changing rooms at the Victoria Hospital in Kirkcaldy.
Today we wrote to the Cabinet Secretary for Health and Social Care and NHS Fife, regarding access to single-sex changing facilities for NHS staff.
— EHRC Scotland (@EHRCScotland) February 21, 2025
Find out more: https://t.co/GEe0IfFk51 pic.twitter.com/xHHIqh6Ewr
Ms Peggie was suspended after objecting to Dr Upton using the changing room on Christmas Eve 2023.
On Friday, the Equality and Human Rights Commission said it is “concerned” by the media depiction of a forthcoming “guide to transitioning” publication for Scottish health boards.
In a letter to John Swinney and Health Secretary Neil Gray, the EHRC asked “whether it is likely to comply with and accurately represent Equality Act 2010 provisions”.
Reports have suggested the document says that transgender NHS staff must be allowed to use their “preferred facilities” unless there is a “case by case” reason against it – however, it is currently not on the government website.
The EHRC letter said: “Our interest is in ensuring that health bodies in Scotland have an accurate understanding of the operation of the Equality Act 2010 as it relates to the provision of single-sex services and spaces.
“In particular, it is important that providers are designing policies which take into account the rights of all affected, protected characteristic groups, and which take steps to mitigate the risk of discrimination.”
A separate letter from the EHRC to the health board makes reference to media reports about its practices around single-sex changing facilities.
It said assessments of new policies and practices which affect equalities legislation must be published.
In the letter, the EHRC said: “You must also publish the results of this assessment within a reasonable period.
“We have been unable to find this information on the NHS Fife website.”
Baroness Kishwer Falkner, chairwoman of the EHRC, said: “As Britain’s equality regulator, we promote and enforce compliance with the Equality Act 2010.
“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.”
She continued: “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 (for Health) to discuss the Scottish Government’s role in ensuring that NHS Scotland and other bodies meet their legal obligations under the Equality Act.”
Nurse Peggie’s employment tribunal was raised at First Minister’s Questions earlier this week, with Scottish Conservative leader Russell Findlay saying it stemmed from “gender ideology” pursued by the Scottish Government.
Mr Findlay said said the “dedicated” nurse faces being sacked because she raised concerns about having to share a changing room with a trans doctor.
Mr Swinney hit back, accusing the Conservative of “sowing division” as he said the law prevents him from commenting on the tribunal.
The tribunal is ongoing, though it has been adjourned until July.
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.”
