Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

NHSEmployment lawEquality, diversity and inclusionLatest NewsLGBT

EHRC steps into NHS Fife trans changing room dispute

by Jo Faragher 3 Mar 2025
by Jo Faragher 3 Mar 2025 The changing room row centres on Victoria Hospital in Kirkcaldy, Fife
D MacDonald/Shutterstock.com
The changing room row centres on Victoria Hospital in Kirkcaldy, Fife
D MacDonald/Shutterstock.com

The chair of the Equality and Human Rights Commission wrote to NHS Fife last month to remind the trust that changing rooms should include separate facilities for men and women.

The employment tribunal brought by nurse Sandie Peggie – which centres on her being suspended for complaining she had to share a changing room with Dr Beth Upton, a trans woman – has now been adjourned to July.

Late in February, it was revealed that EHRC chair Baroness Kishwer Falkner wrote to the trust to reiterate its duty to “have an accurate understanding of the operation of the Equality Act as it relates to the provision of single-sex services and spaces”.

Single-sex spaces

Darlington nurses gain Conservative support over single-sex spaces 

Nurses meet Wes Streeting over single-sex changing rooms 

Falkner told the trust that there are obligations under the 1992 Workplace Regulations (Health, Safety and Welfare) Act for changing facilities to “include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety”.

The EHRC also told NHS Fife that assessments of any new policies and practices that affect equalities legislation must be published, after it was unable to find this information on the trust’s website.

Baroness Falkner has also asked to meet with Scottish health secretary Neil Gray to discuss the forthcoming NHS Scotland Guide to Transitioning policy. The new policy would suggest it is unlawful to prevent a transgender person from using the toilets or changing rooms of their chosen gender.

It has also now been revealed that 20 hospital workers disagreed with NHS Fife’s decision to allow Dr Upton to use the women’s changing rooms, but were too scared to say anything.

A letter sent by Peggie’s lawyer to the Scottish equality and human rights committee says: “My client was not the only staff member who disagreed with the decision. Twenty of her colleagues told her that they disagreed with it (17 women and 3 men).”

“My client contends that the culture created by Fife health board around gender identity means that colleagues are too scared to formally complain and fear adverse repercussions if they do.”

Peggie is currently facing a conduct hearing at NHS Fife to look into whether she compromised patient safety by refusing to work with Dr Upton, and that she misgendered her colleague.

EHRC’s guidance on single-sex spaces, published in 2022, stated that trans people could legitimately be excluded from single-sex services for “justifiable and proportionate” reasons, which could include privacy, decency, to prevent trauma or to ensure health and safety.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

 

HR opportunities in Healthcare on Personnel Today


Browse more HR opportunities in healthcare

Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
One in three NHS doctors exhausted, putting patients at risk
next post
SSP changes mean 1.3m will receive up to £100 more a week

You may also like

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Culture, ‘micro-incivilities’ and invisible talent

14 May 2025

Why fighting the DEI backlash is about PR...

9 May 2025

So what does the election of a new...

9 May 2025

Rethinking talent: Who was never considered in the...

7 May 2025

Reform UK councils’ staff face WFH ban

6 May 2025

Lincolnshire doctor awarded £250k in race discrimination case

2 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+