Britain’s equalities regulator has intervened in the ongoing dispute over single-sex changing facilities at NHS Fife, which involves an A&E nurse.
The Scottish health board is currently embroiled in a tribunal with nurse Sandie Peggie, who claims she was subjected to unlawful harassment under the Equality Act 2010 by being made to share a changing room with Dr Beth Upton, a transgender woman.
“As Britain’s equality regulator, we will consider any appropriate next steps, including the use of our enforcement powers”
EHRC spokesperson
NHS Fife and Dr Upton have both disputed the claims, in a tribunal that began in February and is due to resume later this year.
When the tribunal was adjourned in February, the Equality and Human Rights Commission (EHRC) wrote to the health board to remind it of its “obligations” around single-sex spaces under the Equality Act 2010.
The EHRC noted that all Scottish health boards must assess how their policies and practices affect people with protected characteristics, which includes biological sex and gender reassignment.
The letter, from EHRC chief executive John Kirkpatrick, requested that NHS Fife provided the EHRC with a copy of any equality impact assessment it had carried out relating to the provision of changing facilities for staff.
It further requested any information on how such policies have been kept under review and details on steps taken to ensure the rights of different groups are balanced in application of these policies.
The EHRC said it was “unable to find this information on the NHS Fife website”.
More on the NHS Fife case
In a responding letter, dated 27 March, NHS Fife chief executive Carol Potter argued that the health board’s “policies and practices align with our legal duties and our values”.
She did not hand over the equality impact assessment that was requested.
Ms Potter said any changes to its current policies and practices would only take place “upon conclusion of the employment tribunal”.
She added that NHS Fife was also awaiting the publication of NHS Scotland’s national “gender transitioning guide”, currently under development, which aimed to “ensure consistency across all NHS boards in Scotland”.
Once finalised and approved, the guide will be accompanied by a “comprehensive equality impact assessment”, Ms Potter noted.
A spokesperson for the EHRC this week said it was reviewing NHS Fife’s response and that it would consider the use of enforcement powers if needed.
They said: “The policies and practices of all Scottish health boards must comply with the Equality Act 2010, as it relates to the provision of single-sex services and spaces.
“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.”
A spokesperson for NHS Fife told Nursing Times that the health board acknowledged the latest comments from the EHRC and “takes its responsibilities under the Equality Act very seriously”.
They reiterated that NHS Fife did not have “a standalone policy or corresponding equality impact assessment” as it was awaiting the gender transition guide from NHS Scotland.
“We welcome constructive engagement with regulators, including the EHRC, to support our commitment to equality, fairness and the delivery of high-quality care for all,” the spokesperson added.
The employment tribunal between Ms Peggie and NHS Fife is due to resume on 16 July.
This is not the first instance of nurses threatening legal action in an NHS changing room row.
Last year, a group of nurses announced declared they would sue County Durham and Darlington NHS Foundation Trust over an “intimidating and upsetting” situation that they said had arisen as a result of the behaviour of a transgender colleague using the women’s changing room.
A preliminary hearing for the Darlington nurses took place earlier this week, and the group have been told their case will be heard in October.
More on the Darlington case
