Britain’s equalities watchdog has written to NHS Fife asking them to confirm that they did not carry out an impact assessment on trans staff using single-sex facilities.
In a statement, the Equality and Human Rights Commission said they "require this information to assess how NHS Fife is meeting its duties under equality law, and to support our consideration of any appropriate next steps we take, in our role as Britain’s equality regulator".
The watchdog first wrote to bosses at NHS Fife on February 21 to remind them of their "obligations" around single-sex spaces under the Equality Act 2010, including their “duty to assess and review proposed new or revised policies or practices".
That followed the first two weeks of the employment tribunal of Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy.
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On Christmas Eve 2023, she experienced a sudden heavy period and was worried she had bled through her scrubs.
When she went to the changing room and found Dr Beth Upton, a trans woman doctor, already there, she stated that, in her view, the medic was a man and should not be in the room.
Shortly after this, Dr Upton made a formal complaint against Ms Peggie.
She was placed on special leave in late December 2023, then suspended from duty in January 2024, pending an investigation into her “alleged unwanted behaviours towards another member of NHS Fife staff.”
Ms Peggie’s suspension was lifted in April of that year, but she remained subject to the disciplinary process.
She later lodged legal proceedings in the employment tribunal against NHS Fife and Dr Upton, “alleging multiple breaches of the Equality Act 2010.”
In January, The Herald reported that Ms Peggie’s legal team had already asked for a copy of any relevant assessments in August 2023 while preparing for the tribunal.
When asked “whether an Equality Impact Assessment or risk assessment was undertaken before the decision” to allow Dr Upton to use the female changing room, the health board simply replied: “No.”
In their initial letter to NHS Fife, the EHRC pointed out that under the Equality Act 2010 and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended), public bodies have “a duty to assess and review proposed new or revised policies or practices.”
They also said the results of any such assessment must be published “within a reasonable period” but that they were “unable to find this information on the NHS Fife website.”
They asked the board to provide “a copy of any equality impact assessment for any policies or practices relevant to the provision of changing facilities for staff, any information you have relevant to how you’ve kept those under review post-implementation, and details of any steps you are taking to ensure that the rights of different groups are balanced in the application of these policies or practices.”
After receiving no response, the EHRC wrote again to the health board a month later.
NHS Fife responded last week, insisting that the board’s “policies and practices align with our legal duties and our values.” However, they failed to respond to the commission’s specific request to see any equality impact assessment.
The EHRC has now written to the health board again, asking it to confirm that no assessment has been carried out.
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In a statement, a spokesperson for the Equality and Human Rights Commission said: “We note NHS Fife’s assurance that it is mindful of its obligations under the Equality Act 2010 and the Public Sector Equality Duty.
“We asked NHS Fife to provide information on the provision of single-sex changing facilities for staff and the rights of different groups in the application of these policies. This information was not included in the health board’s response of 27 March.
“We have now written again, repeating our request for any equality impact assessments of relevant policies and practices, if they exist, or confirmation that they do not.
“We require this information to assess how NHS Fife is meeting its duties under equality law, and to support our consideration of any appropriate next steps we take, in our role as Britain’s equality regulator.”
A spokesperson for NHS Fife said: “We welcome constructive engagement with
the Equality and Human Rights Commission to support our commitment
to equality, fairness, and the delivery of high-quality care for all.
“Further to our response to the EHRC correspondence on 27th March, we can
confirm we have received a subsequent letter from them on 3rd April with a
deadline for us to respond by 17th April. We are in the process of responding to
that letter ahead of the deadline.”
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