NHS Fife has announced that its staff should now use toilets and changing facilities based on their biological sex, rather than gender identity, following pressure from the UK's equality watchdog. The health board published an equality impact assessment on Tuesday, stating its interim position is to provide a mix of suitable facilities that comply with the law.
The assessment says separate toilets and changing facilities will be provided for men and women, alongside additional gender-neutral facilities. It specifies that where facilities are provided separately for men and women, they should be used by people whose sex at birth corresponds with the facility. However, it also warns that no one should be left without access to suitable facilities that respect their dignity and privacy.
The document notes that those undergoing gender reassignment risk being 'outed' if gender-neutral facilities are limited or poorly located, which could lead to indirect discrimination. It also highlights that the workforce at NHS Fife is majority female, meaning demand for women's facilities is higher, and warns of a risk of indirect sex discrimination if women's facilities are underprovided.
The move follows a high-profile legal case involving nurse Sandie Peggie, who was suspended after complaining about having to share a changing room with a transgender medic at Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. Ms Peggie has lodged a claim against NHS Fife and the medic, citing the Equality Act 2010, including sexual harassment and victimisation. The case has been adjourned until September.
The Equality and Human Rights Commission (EHRC) wrote to NHS Fife in February, urging corrective action on single-sex spaces. Baroness Kishwer Falkner, EHRC chairwoman, said the health board had previously admitted no equality impact assessment had been carried out. The UK Supreme Court ruled in April that the definition of a woman under equality law refers to biological sex.
