SNP ministers told to ‘clear up mess’ on single sex spaces by UK Government

New guidance is needed on single sex spaces because of the “sheer mess” the SNP ministers have created on the issue, Scottish secretary Ian Murray has insisted.

Murray said ministers needed to “clear up the sheer mess that they’ve made of this whole this whole issue”.

His comments came as veteran SNP MSP Fergus Ewing urged First Minister to “declare his full support for safe spaces for women”.

Meanwhile, Murdo Fraser, a Scottish Conservative MSP for Mid Scotland and Fife, said the Government and health secretary Neil Gray must now set out “how they will ensure that female employees in the public sector have the legal protections they are entitled to”.

The comments came as reports indicated Sandie Peggie, the nurse who has brought an employment tribunal against NHS Fife, is facing a conduct hearing later this week.

The nurse, who has worked at the Victoria Hospital in Kirkcaldy, Fife, launched harassment proceedings against the health board and transgender medic Dr Beth Upton after an incident involving the doctor in the hospital’s female changing room on December 24, 2023.

However, it has now been reported Ms Peggie has been told to attend a conduct hearing on Friday which it is said could lead to her dismissal.

That comes despite the employment tribunal not having yet concluded, with proceedings adjourned until July after ten days of evidence.

NHS Fife, however, said no conduct hearing was “scheduled to take place imminently”

A spokesperson for the health board said: “We are unable to comment in detail on matters relating to individual members of staff, however, despite some reports, we can confirm there is no conduct hearing scheduled to take place imminently in this case.”

Ms Peggie lodged complaints related to indirect harassment, victimisation and whistleblowing after having had to share a hospital changing room with Dr Upton.

But the nurse was suspended on January 3, 2024 following Dr Upton making an allegation of bullying and harassment, the tribunal, which is being held in Dundee, has heard.

Reports have claimed health secretary Neil Gray was warned last year that NHS Fife was “failing to comply with legal obligations” by allowing a transgender doctor to use a female changing room.

The Scottish Government has been vocal in its support for transgender rights, with legislation passed by Holyrood which would have permitted them to self identify in their chosen gender.

The controversial law, however, was never enacted after being blocked by the Conservative government at Westminster.

Murray said he could not comment on an active employment tribunal case but added: “The really important thing here is that the Scottish Government, I think, made a real mess of this whole agenda.”

The UK Government minister said both Scottish Labour and its leader, Anas Sarwar, had been “clear” that “single sex spaces have to be protected”.

The Scottish secretary said: “New guidance has to come from the Scottish Government to clear up the sheer mess that they’ve made of this whole issue.”

First Minister John Swinney, however, said it was important for public sector bodies to “fully understand and apply” existing guidance.

Swinney stated: “Fundamentally this is an issue for NHS Fife, they are the employers in this particular case, and they have an obligation to ensure they act properly within the legal framework that exists and particularly the Equality Act 2010.”

The First Minister added: “I think that it is important all organisations fully understand and apply the guidance and the arrangements that are in place to deal with the issue of single sex spaces.”

Stressing the guidance “puts a requirement on public bodies to ensure that that is done appropriately in every given circumstances” Swinney continued: “It is up to individual public bodies to make sure that they make the correct judgments, and make sure that the law, which provides for the protection of single sex spaces is able to be applied and to be applied without fear or favour.”