NHS Fife has been ordered by the Equality and Human Rights Commission to "progress corrective actions without delay" on single-sex facilities. The health board admitted it failed to carry out required equality impact assessments before the intervention.
The EHRC wrote to NHS Fife on February 21 following a workplace dispute involving nurse Sandie Peggie and transgender doctor Dr Beth Upton at Victoria Hospital in Kirkcaldy. Peggie was suspended after complaining about sharing a changing room with Dr Upton on Christmas Eve 2023.
Peggie was placed on special leave after Dr Upton made allegations of bullying and harassment, citing concerns about "patient care". The nurse has lodged an employment tribunal claim under the Equality Act 2010, including sexual harassment, harassment related to protected beliefs, indirect discrimination and victimisation.
Legal proceedings continue
The employment tribunal case has been adjourned until September following hearings in July. Baroness Kishwer Falkner, EHRC chairwoman, said NHS Fife had admitted no equality impact assessment was carried out and one is now expected by September 30.
The EHRC directed NHS Fife to take corrective action to ensure compliance with regulations requiring public bodies to assess how policies affect people with protected characteristics. On June 10, it held a meeting to reiterate the Scottish Government's duty to ensure compliance following the Supreme Court ruling.
Supreme Court backdrop
The UK Supreme Court ruled in April that "woman" and "sex" in the 2010 Equality Act "refer to a biological woman and biological sex". NHS Fife committed on July 23 to a full review and audit of changing, toilet and locker room facilities.
Baroness Falkner said the EHRC had "urged NHS Fife to progress the corrective actions we directed without delay" to "protect staff from discrimination and harassment". She emphasised that policies and practices of all Scottish health boards must comply with equality legislation.
Political pressure intensifies
Scottish Conservative equalities spokeswoman Tess White said: "This damning directive from the EHRC confirms that on top of being negligent, incompetent and biased, NHS Fife broke the law in relation to the Sandie Peggie case." She called the positions of the chief executive and senior health board colleagues "completely untenable".
White demanded accountability from the First Minister: "The First Minister must clear out those at the top of NHS Fife and finally demand that it, and all other public bodies, upholds the clear and unequivocal Supreme Court ruling entitling women to single-sex spaces."
Unprecedented intervention
Maya Forstater, chief executive of Sex Matters, described the EHRC directive as significant intervention. She said: "This directive to NHS Fife is an unprecedented intervention from the EHRC. While long overdue, this is a clear instruction to NHS Fife - and all employers - that it cannot get away with continuing to flout the Equality Act."
Forstater highlighted ongoing challenges: "There have been relentless efforts to undermine the Supreme Court judgment since it was handed down. This leads to women being subjected to bullying, harassment and discrimination if they stand up, as Sandie Peggie did, for their right to undress with dignity and privacy."
NHS Fife response
NHS Fife said it welcomes continued EHRC engagement and oversight. The health board stated: "We are committed to working constructively with the EHRC to provide assurance that we fully understand, and are meeting, our obligations under the Equality Act 2010 and the Public Sector Equality Duty."
The health board confirmed a comprehensive facility review has been completed and an equality impact assessment is under way. It committed to concluding and publishing the assessment by September 30, with the priority being ensuring all policies protect staff rights and comply with equality legislation.
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
