NHS trust in trans row ‘must ban men from women's lavatories immediately'

Telegraph

13-05-2025

A nurse who complained about a trans doctor using a female hospital changing room has challenged NHS chiefs to drop their gender self-ID policy 'immediately'.
Sandie Peggie said she expected NHS Fife to dump its policy of 'permitting any man who identifies as a woman access to female-only single-sex spaces', following April's Supreme Court ruling on the issue.
In a statement issued on her behalf by her solicitor, she welcomed the court's conclusion that trans women are not women and access to female-only areas should be based on biological sex.
Ms Peggie said she was 'determined' to continue her employment tribunal against the health board so it is accountable for its decision to discipline her 'simply because she objected to sharing a female-only workplace changing room with a man'.
NHS Fife decided that Dr Beth Upton, who was born male but identifies as a woman, had a right to access the female staff changing room in Victoria Hospital, Kirkcaldy.
Ms Peggie also thanked the public for its 'overwhelming support' and set out plans to visit the Scottish Parliament to meet MSPs who have backed her case, ahead of the tribunal resuming in July.
The nurse's comments on the Supreme Court ruling were her first since it was issued on April 16.
They came the day after The Telegraph disclosed that Scotland's health boards, including NHS Fife, have yet to act on the court judgment, despite it coming into effect immediately.
NHS Fife said it would not review or update its gender policies until after a new code of practice is issued this summer by the Equality and Human Rights Commission (EHRC).
But the equalities watchdog issued interim advice on the court ruling last month stating that access to single-sex facilities in workplaces and public services should be based on biological sex.
The EHRC also warned that the ruling takes effect 'immediately' and noted that the judgment was 'very readable', suggesting that it was clear what action was required.
Margaret Gribbon, Ms Peggie's solicitor, said the nurse 'very much welcomes' the judgment.
She said Ms Peggie 'salutes the courage and tenacity' of feminist campaign group For Women Scotland for 'doggedly' taking the Scottish Government to the UK's highest court and for its support with her own case.
'She is determined to continue with her legal claim in an effort to obtain accountability for the way she has been treated by Fife Health Board, simply because she objected to sharing a female-only workplace changing room with a man,' Ms Gribbon said.
'She now expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only single-sex spaces in the workplace.'
The solicitor said Ms Peggie 'continues to draw strength and inspiration' from the support she has received from around the world and expressed her thanks to politicians 'from across the political divide' for their backing.
She also said the nurse had been 'moved' by one of the Darlington nurses disclosing at the weekend that being forced to share a changing room with a trans colleague made her relive the experience of being sexually abused by her father.
Karen Danson, 45, is one of eight nurses who sued County Durham and Darlington NHS Foundation Trust after it allowed Rose Henderson, who was born male, to use women's changing facilities. Ms Peggie reiterated her support for them.
The Scottish Parliament responded to the Supreme Court ruling this week by banning trans women from using female-only spaces in the Holyrood building. Alison Johnstone, the presiding officer, said that the parliament had to act to 'fulfil our legal responsibilities'.
But the SNP Government has refused to order the rest of Scotland's public sector to scrap its self-ID policies until the EHRC issues its final guidance.
Tess White, the Scottish Tories' shadow equalities minister, said: 'After the decisive Supreme Court verdict, the public will rightly ask why NHS Fife is still pursuing this costly case against her while remaining wedded to a divisive gender self-ID policy.
'However, the reason Sandie Peggie has had to make this call is because John Swinney (the First Minister) is still shamefully refusing to issue a clear public sector directive requiring organisations to uphold the law.'
Trina Budge, a director at For Women Scotland, said: 'It is ridiculous that this practice continues after the very clear Supreme Court ruling, there's absolutely no reason why it couldn't have been resolved by now.
'I can't imagine many taxpayers will be happy to foot the bills for the forthcoming compensation claims unless the NHS takes prompt action to restore both staff and patients rights to single sex provision.'
An NHS Fife spokesman said: 'Following the recent Supreme Court ruling, NHS Fife continues to await further expected guidance from the Scottish Government and the Equality and Human Rights Commission on its implications for NHS organisations across Scotland.'
He said Ms Peggie's determination to pursue her legal action meant that the board 'shall be required to continue to defend the case through the appropriate legal process'.