EHRC investigates transgender changing room dispute at NHS Fife

Last month, the chair of the Equality and Human Rights Commission reminded NHS Fife that the changing rooms for men and women should be separate.

The Employment Tribunal brought by Sandie Peggie, which centers on her suspension for complaining that she was forced to share a changing area with Dr Beth Upton a transwoman – has been adjourned until July.

In late February, the EHRC chair Baroness Kishwer Falkner sent a letter to the trust reminding it of its responsibility to “have a correct understanding of the Equality Act in relation to the provision single-sex spaces and services”.

Falkner informed the trust that the 1992 Workplace Regulations Act (Health, Safety and Welfare Act) requires changing facilities to include separate facilities or separate usage of facilities by men and women, where necessary.

After being unable to locate this information on NHS Fife’s website, the EHRC told them that any new policies or practices that could affect equality legislation should be assessed and published.

Baroness Falkner also requested to meet with Scottish Health Secretary Neil Gray to discuss NHS Scotland Guide to Transitioning. The new policy suggests that it is illegal to stop a transgender individual from using the restrooms or changing areas of their preferred gender.

There are also reports that 20 hospital staffers disagreed with NHS Fife’s decision to let Dr Upton use the women’s changing room, but were afraid to speak out.

In a letter to the Scottish Equalities and Human Rights Committee, Peggie’s attorney wrote: “My client wasn’t the only employee who disagreed with this decision.” Twenty of her co-workers (17 women and three men) told her they disagreed.

My client claims that because of the culture that has been created by Fife Health Board around gender identity, colleagues are afraid to complain formally and they fear negative repercussions.

Peggie faces a hearing to determine whether she has compromised patient safety in refusing to collaborate with Dr Upton and that she has misgendered her co-worker.

The EHRC’s Guidance on Single-Sex Spaces published in 2022 stated that transgender people can legitimately be denied single-sex services if they are excluded for “justifiable” and “proportionate” reasons. These could include privacy, decorum, preventing trauma, or ensuring health and safety.

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