Urgent Calls to Government for Legal Advice on NHS Trans Staff Policy
A call to action has been issued to the Scottish Government regarding a controversial new NHS Scotland policy that would allow transgender staff to utilize single-sex spaces. This plea comes in the wake of a heated dispute between nurse Sandie Peggie and transgender medic Dr. Beth Upton at NHS Fife, which has escalated to an employment tribunal.
The crux of the matter lies in Peggie’s objection to sharing female changing rooms with Upton, leading to Peggie’s suspension after a clash on Christmas Eve in 2023. The tribunal revealed that NHS Fife’s HR department supported Upton’s right to access female changing rooms, despite Peggie’s discomfort during a sensitive moment.
As the tribunal hearing in Dundee adjourned until July, campaign group Sex Matters raised concerns about Peggie’s treatment, highlighting another disciplinary meeting notification during her tribunal testimony. In a bid to safeguard Peggie’s rights, her solicitor penned a letter to Health Secretary Neil Gray in June 2024, asserting that NHS Fife’s policy contravened the Equality Act 2010 and Workplace (Health, Safety and Welfare) Regulations 1992, which mandate separate facilities for men and women.
However, a new NHS Scotland guide slated for release in 2025 outlines that transgender staff should have access to their preferred facilities, except in specific cases. This directive has sparked controversy, with Sex Matters cautioning that it could lead NHS boards to flout workplace regulations and expose employees to potential discrimination and harassment risks.
Expressing their disappointment, gender-critical campaigners from various organizations called on the Scottish Government to scrutinize the legality of the guidance and ensure compliance with workplace regulations. They stressed the importance of upholding separate-sex provisions as a fundamental workplace expectation for all employees, without requiring individual negotiations.
The campaigners emphasized the vulnerability of women who fear reprisals for speaking out against such policies, underscoring the need for robust legal protections and a clear framework for handling such sensitive issues. The letter urged Gray to uphold the law and ensure fair treatment of staff in line with legal obligations, particularly concerning single-sex facilities in the workplace.
During a health questions session at Holyrood, Conservative MSP Murdo Fraser pressed Gray to seek assurances from NHS Fife regarding their adherence to the law on single-sex facilities for female staff. Gray reaffirmed his expectation that all public bodies comply with the law and uphold the rights of their employees.
In response to queries about his actions, Gray confirmed that officials had responded to Peggie’s solicitor’s letter and provided guidance on potential courses of action. The Health Secretary reiterated his commitment to upholding protections for women in relation to single-sex spaces, underscoring the importance of ensuring legal compliance in such matters.
While NHS Fife refrained from commenting on the ongoing tribunal, they emphasized the need for treating both Peggie and Upton with kindness and respect. The Scottish Government remains at the center of this debate, with calls for swift action and clarity on the legal implications of the NHS Scotland policy.
Efforts to reach NHS Fife and the Scottish Government for comment on the matter are ongoing, as stakeholders await further developments in this complex and contentious issue.
