A Scottish NHS board at the heart of a bitter trans legal battle has admitted its staff should use the facilities that match their sex going forward.
After being told by an equality watchdog that it must “progress corrective actions” immediately, NHS Fife has released an equality impact assessment.
The trust has said that it will now temporarily “provide a mix of suitable facilities” in accordance with the UK Supreme Court’s April ruling on same-sex spaces.
The equality impact assessment reads: “Where toilets and changing facilities are not in individual separate lockable rooms, separate toilets and changing facilities will be provided for men and women alongside additional gender-neutral facilities.
NHS Fife has said that it will now temporarily ‘provide a mix of suitable facilities’ in accordance with the law
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PA“Where a facility is provided separately for men and women it should be used by people whose sex at birth corresponds with the facility.”
However, the NHS Fife review also said that “no-one should be put in a position that they do not have access to suitable facilities that respect and protect their dignity and privacy”.
The Scottish health board burst into the headlines earlier this year after nurse Sandie Peggie was suspended after refusing to share a changing room with a male-born trans colleague, Dr Beth Upton.
The incident took place at Victoria Hospital in Kirkcaldy on Christmas Eve in 2023.
The incident took place at Victoria Hospital in Kirkcaldy on Christmas Eve in 2023
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NHS FifeAfter Dr Upton filed an allegation of bullying and harassment, NHS Fife placed Ms Peggie on special leave.
The Equality and Human Rights Commission (EHRC) wrote to the health board about staff access to single-space facilities after Ms Peggie’s employment tribunal was adjourned in February.
Ms Peggie then launched a claim against both Dr Upton and NHS Fife, with accusations of sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation under the Equality Act 2010.
EHRC chairwoman Baroness Kishwer Falkner said the health board had admitted that an equality impact assessment had not been previously carried out.
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On Tuesday, NHS Fife published a statement which claimed it was “committed to ensuring that all staff have access to facilities which are safe, lawful, and that respect the privacy and dignity of everyone”.
It added: “As part of this commitment, we have published an equality impact assessment (EQIA) in line with our public sector equality duties.
“This assessment forms part of our ongoing review of staff changing and toilet facilities across the NHS Fife estate.
“The review will ensure that our facilities comply with legislative and regulatory requirements.
Ms Peggie launched a claim against both Dr Upton and NHS Fife
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PA“Our approach includes providing a balanced mix of single-sex, gender-neutral, and accessible facilities so that no staff member is left without access to appropriate facilities.
“NHS Fife will continue to engage with staff and partners to ensure our facilities remain fit for purpose and compliant with current legislation and guidance.”
Deliberations on Ms Peggie’s case by a three-person panel will begin later this month.
In the closing statements of the nurse’s employment tribunal, Ms Peggie’s barrister Naomi Cunningham accused NHS Fife of being in the “grip of delusion”.