NHS Fife staff told to use toilets corresponding to 'sex at birth' amid Sandie Peggie employment tribunal

NHS Fife staff have been told to use toilet and changing facilities that correspond to their biological sex at birth.

The health board published its equality rights impact assessment as part of an ongoing review of staff facilities across the NHS Fife estate on Tuesday evening.

Where a toilet and changing facility is provided separately for men and women, NHS Fife said it should be used “by people whose sex at birth corresponds with the facility”.

The health board added that if separate individual lockable rooms are not available, separate male and female facilities will be provided, as well as additional gender-neutral facilities.

The review stated “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”.

NHS Fife said it is committed to ensuring that all staff have access to facilities which are “safe, lawful, and that respect the privacy and dignity of everyone”.

The health board said its 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,” the health board said.

Supreme Court ruling

The guidance aims to bring health board facilities in line with a UK Supreme Court ruling, which determined the words “woman” and “sex” in the 2010 Equality Act refer to a biological woman and biological sex.

The ruling has led to public bodies updating their own guidance around facilities like toilets and changing rooms.

NHS Fife’s update comes amid an ongoing employment tribunal brought by nurse Sandie Peggie against the health board.

Ms Peggie was suspended by the health board after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife.

She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about “patient care”.

Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation.

Fresh legal action was also lodged against the health board by Ms Peggie in September.