NHS Fife carrying out equality review over trans staff changing room use after breaking law
The health board says it will conduct the review by September 30 after tough criticism from the UK's equalities regulator, the Equality and Human Rights Commission (EHRC).
The watchdog first wrote to NHS Fife on February 21 following coverage of the employment tribunal brought by nurse Sandie Peggie – who is suing the health board and transgender A&E medic Dr Beth Upton.
A&E nurse Ms Peggie says she was discriminated against and harassed by being forced to share a changing room with Dr Upton, who was born male, at Victoria Hospital in Kirkcaldy.
The EHRC initially reminded NHS Fife of their obligations under the Equality Act, including the provision of single-sex facilities for staff.
But the health board admitted it had not completed an impact assessment over the use of single-sex toilets and changing rooms by transgender staff.
Following this admission the regulator directed NHS Fife to take 'corrective action' to ensure it was in compliance with the law.
It pointed out public bodies have 'a duty to assess and review proposed new or revised policies or practices'.
On July 23, the EHRC says NHS Fife assured them it has conducted a full review and audit of changing, toilet and locker room facilities.
It says the health board has also committed to ensuring there will be 'no delay in progressing all the compliance actions' it was directed to undertake.
Baroness Kishwer Falkner, chairwoman of the EHRC, said undertaking impact assessments and publishing the results are legal requirements.
She added: 'We believe NHS Fife failed to meet these requirements and told them to carry one out immediately.
'NHS Fife has now confirmed that it has commissioned an equality impact assessment and anticipates it will be published by September 30.
'Since we first wrote to NHS Fife, the Supreme Court ruled on the definition of 'sex' in the Equality Act.
'The EHRC has been clear that all duty-bearers should be following the law, as set out in the judgment handed down on April 16.
'NHS Fife has assured us that it is following our advice to review the implications of the judgment for its policies and procedures, seeking specialist legal advice where necessary.'
She said the corrective actions are essential for NHS Fife to protect staff from discrimination and harassment on the basis of sex, religion or belief, and gender reassignment.
'We will continue to engage with NHS Fife and monitor its progress and the outcome of the measures it has committed to taking, to ensure compliance with the Equality Act and Public Sector Equality Duty,' she added.
An NHS Fife spokesman welcomed the EHRC's engagement.
He said: 'A comprehensive review and audit of our facilities has been completed, and an equality impact assessment is underway. This will be concluded and published by September 30.
'Our priority is to ensure that all NHS Fife policies and practices protect the rights of our staff and comply fully with equality legislation.'
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16 hours ago
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NHS Fife carrying out equality review over trans staff changing room use after breaking law
NHS Fife has launched an urgent equality review into transgender staff accessing single-sex changing rooms, after admitting it broke the law by failing to carry one out previously. The health board says it will conduct the review by September 30 after tough criticism from the UK's equalities regulator, the Equality and Human Rights Commission (EHRC). The watchdog first wrote to NHS Fife on February 21 following coverage of the employment tribunal brought by nurse Sandie Peggie – who is suing the health board and transgender A&E medic Dr Beth Upton. A&E nurse Ms Peggie says she was discriminated against and harassed by being forced to share a changing room with Dr Upton, who was born male, at Victoria Hospital in Kirkcaldy. The EHRC initially reminded NHS Fife of their obligations under the Equality Act, including the provision of single-sex facilities for staff. But the health board admitted it had not completed an impact assessment over the use of single-sex toilets and changing rooms by transgender staff. Following this admission the regulator directed NHS Fife to take 'corrective action' to ensure it was in compliance with the law. It pointed out public bodies have 'a duty to assess and review proposed new or revised policies or practices'. On July 23, the EHRC says NHS Fife assured them it has conducted a full review and audit of changing, toilet and locker room facilities. It says the health board has also committed to ensuring there will be 'no delay in progressing all the compliance actions' it was directed to undertake. Baroness Kishwer Falkner, chairwoman of the EHRC, said undertaking impact assessments and publishing the results are legal requirements. She added: 'We believe NHS Fife failed to meet these requirements and told them to carry one out immediately. 'NHS Fife has now confirmed that it has commissioned an equality impact assessment and anticipates it will be published by September 30. 'Since we first wrote to NHS Fife, the Supreme Court ruled on the definition of 'sex' in the Equality Act. 'The EHRC has been clear that all duty-bearers should be following the law, as set out in the judgment handed down on April 16. 'NHS Fife has assured us that it is following our advice to review the implications of the judgment for its policies and procedures, seeking specialist legal advice where necessary.' She said the corrective actions are essential for NHS Fife to protect staff from discrimination and harassment on the basis of sex, religion or belief, and gender reassignment. 'We will continue to engage with NHS Fife and monitor its progress and the outcome of the measures it has committed to taking, to ensure compliance with the Equality Act and Public Sector Equality Duty,' she added. An NHS Fife spokesman welcomed the EHRC's engagement. He said: 'A comprehensive review and audit of our facilities has been completed, and an equality impact assessment is underway. This will be concluded and published by September 30. 'Our priority is to ensure that all NHS Fife policies and practices protect the rights of our staff and comply fully with equality legislation.'
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18 hours ago
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18 hours ago
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