NHS Grampian has no specific policy for what changing rooms transgender staff should be able to use, The Press and Journal can reveal.
The question of how to manage single-sex spaces has become a major talking point since an employment tribunal at NHS Fife attracted international attention in recent weeks.
In Fife, A&E nurse Sandie Peggie is suing her employer after she was suspended following a row with trans doctor Beth Upton.
Ms Peggie told her colleague she was uncomfortable that the two were sharing a changing room on Christmas Eve in 2023.
The nurse claims NHS Fife breached the equality act by allowing Dr Upton to use women’s facilities and claims she was subjected to unlawful harassment.
Why is this a problem elsewhere?
Sex Matters, a gender critical pressure group, warns health boards like NHS Grampian need to develop a “clear policy” on single-sex spaces.
The group claims any NHS board which fails to do this is “risking the same kind of legal action” as NHS Fife.
“The law is clear, so there’s no need to look for further guidance from the equalities regulator or anyone else,” said Helen Joyce, the group’s director of advocacy.
NHS Grampian told the P&J it still has no plans to introduce a new policy.
The fiery tribunal has put NHS Fife at the centre of the divisive UK-wide culture war over transgender rights.
It’s also caused a split in Kirkcaldy’s A&E department.
Ms Peggie claims 20 staff share her concerns, while three nurses say they are “disgusted” at the online abuse Dr Upton has received.
What guidance does NHS Grampian follow?
A health board spokesperson said it would continue to follow guidelines set out by the equalities and human rights commission (EHRC).
The EHRC references the 2010 Equality Act, which allows trans people to be excluded from single-sex spaces where this is deemed “proportionate”.
Reasons given as examples include for “privacy” or to “ensure health and safety”.
But this can be deemed unlawful if an employer “cannot show such action is a proportionate means of achieving a legitimate aim”.
The guidance states workplaces must “balance the impact on all service users” when dictating if trans people should be excluded from a single-sex space.
Employers are not legally required to have their own policy, but it is recommended by the EHRC.
The human rights body wrote to NHS Fife reminding the health board of its “obligations” around single-sex spaces.
A spokesperson for NHS Grampian said: “The EHRC is the body responsible for enforcing the 2010 Act which is why we’d follow the commission’s guidance.”
NHS Grampian says it consults “sensitively” with any employees who are transitioning “about their needs in the workplace”.
The health board also takes into account whether there are any “reasonable and practical steps” which can help trans staff.
North East Tory MSP Tess White criticised the stance.
She said: “It is appalling that NHS Grampian doesn’t have a policy in place that guarantees single-sex spaces for women.”
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