Latest news with #Forstater
Yahoo
05-05-2025
- Health
- Yahoo
Female NHS workers ‘humiliated' by trans guidance in hospitals
Female NHS staff are being forced to work in a 'degrading and humiliating' environment because hospitals are still using outdated trans guidance, campaigners have claimed. Sex Matters, a women's rights group, said dozens of NHS trusts were 'breaking the law' by continuing to allow trans women to use female facilities in defiance of last month's Supreme Court ruling. It has written to the NHS Confederation, which represents trusts, to demand that they withdraw guidance that says trans people can use whichever lavatories and changing rooms they wish. This flies in the face of the Supreme Court judgment that, legally, a trans woman does not count as a woman and therefore cannot use facilities of the opposite sex. Maya Forstater, the chief executive of Sex Matters, said in the letter: 'Those that are following the current guidance from the NHS Confederation are breaking the law. There is no reason for delay. The fact that your guidance is 'informal' is no excuse. 'It encourages NHS employers to uphold policies that create an intimidating, hostile, degrading, humiliating and offensive environment for staff who do not wish to share single-sex spaces with members of the opposite sex and to breach workplace health and safety rules.' A growing number of public bodies are changing their guidance in light of the Supreme Court judgment. On Thursday, the Football Association said trans women would be banned from women's sport. However, the NHS has not yet done so. Wes Streeting, the Health Secretary, has said he wants new guidance in place by the summer. In her letter, Ms Forstater said the NHS Confederation's trans guidance was 'legally illiterate' and 'encouraged NHS employers to break the law'. The guidance states: 'In all types of workplaces, trans and non-binary people should be supported to use the bathrooms they feel most comfortable using. At no time is it appropriate to force staff to use the toilet associated with their assigned sex at birth against their will.' It also tells management, senior healthcare leaders and human resources directors to take a 'zero-tolerance attitude' to transphobia, even though this approach led to NHS staff such as Sandie Peggie and the Darlington nurses being disciplined for asserting their rights to single-sex facilities at work. Ms Forstater said the Confederation guidance also promoted individual trusts' guidance, which is unlawful, such as Leeds Community Healthcare NHS Trust. This trust said: 'You are entitled to use single-sex facilities in accordance with your gender identity. For non-binary people, this may mean using gender-neutral or accessible facilities, or using a combination of different facilities. 'A non-binary person can choose to use facilities they are most comfortable using, if gender-neutral facilities are not present.' Ms Forstater concluded: 'The Supreme Court has now put it beyond all doubt that the terms 'man' and 'woman' in the Equality Act refer to biological sex, and that single-sex services must be single sex. Yet the NHS Confederation is still refusing to take responsibility and withdraw its guidance and tell its members it was wrong.' A spokesman for the NHS Confederation said: 'Following the UK Supreme Court ruling and the subsequent interim guidance from the EHRC [Equality and Human Rights Commission], we recognise that elements of our guide on trans and non-binary allyship are now dated. 'This has been reflected in the document and on our website. We understand our members will want to take the ruling and interim guidance into account in their local policies and decisions. 'Up until this point, our guide has been based on the Equality Act 2010 and the advice from the EHRC as it stood prior to April 2025. We will update the guide more fully as soon as the Government has responded to the EHRC's updated code of practice after it has been publicly consulted on, so that the implications of the judgment for NHS services are fully known. 'We will continue to work with our members while we do this. The resource on our website remains as guidance and is not official policy for the NHS.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
05-05-2025
- Health
- Telegraph
Female NHS workers ‘humiliated' by trans guidance in hospitals
Female NHS staff are being forced to work in a 'degrading and humiliating' environment because hospitals are still using outdated trans guidance, campaigners have claimed. Sex Matters, a women's rights group, said dozens of NHS trusts were 'breaking the law' by continuing to allow trans women to use female facilities in defiance of last month's Supreme Court ruling. It has written to the NHS Confederation, which represents trusts, to demand that it withdraw guidance that says trans people can use whichever lavatories and changing rooms they wish. This flies in the face of the Supreme Court judgment that, legally, a trans woman does not count as a woman and therefore cannot use facilities of the opposite sex. 'Humiliating and offensive' Maya Forstater, the chief executive of Sex Matters, said in the letter: 'Those that are following the current guidance from the NHS Confederation are breaking the law. There is no reason for delay. The fact that your guidance is 'informal' is no excuse. 'It encourages NHS employers to uphold policies that create an intimidating, hostile, degrading, humiliating and offensive environment for staff who do not wish to share single-sex spaces with members of the opposite sex and to breach workplace health and safety rules.' A growing number of public bodies are changing their guidance in light of the Supreme Court judgment. On Thursday, the Football Association said trans women would be banned from women's sport. However, the NHS has not yet done so. Wes Streeting, the Health Secretary, has said he wants new guidance in place by the summer. In her letter, Ms Forstater said the NHS Confederation's trans guidance was 'legally illiterate' and 'encouraged NHS employers to break the law'. The guidance states: 'In all types of workplaces, trans and non-binary people should be supported to use the bathrooms they feel most comfortable using. At no time is it appropriate to force staff to use the toilet associated with their assigned sex at birth against their will.' It also tells management, senior healthcare leaders and human resources directors to take a 'zero-tolerance attitude' to transphobia, even though this approach led to NHS staff such as Sandie Peggie and the Darlington nurses being disciplined for asserting their rights to single-sex facilities at work. Ms Forstater said the confederation guidance also promoted individual trusts' guidance, which is unlawful, such as Leeds Community Healthcare NHS Trust. This trust said: 'You are entitled to use single-sex facilities in accordance with your gender identity. For non-binary people, this may mean using gender-neutral or accessible facilities, or using a combination of different facilities. 'A non-binary person can choose to use facilities they are most comfortable using, if gender-neutral facilities are not present.' Ms Forstater concluded: 'The Supreme Court has now put it beyond all doubt that the terms 'man' and 'woman' in the Equality Act refer to biological sex, and that single-sex services must be single-sex. Yet the NHS Confederation is still refusing to take responsibility and withdraw its guidance and tell its members it was wrong.' 'Elements of our guide are dated' A spokesman for the NHS Confederation said: 'Following the UK Supreme Court ruling and the subsequent interim guidance from the EHRC [Equality and Human Rights Commission], we recognise that elements of our guide on trans and non-binary allyship are now dated. 'This has been reflected in the document and on our website. We understand our members will want to take the ruling and interim guidance into account in their local policies and decisions. 'Up until this point, our guide has been based on the Equality Act 2010 and the advice from the EHRC as it stood prior to April 2025. We will update the guide more fully as soon as the Government has responded to the EHRC's updated code of practice after it has been publicly consulted on, so that the implications of the judgment for NHS services are fully known. 'We will continue to work with our members while we do this. The resource on our website remains as guidance and is not official policy for the NHS.'
Yahoo
02-05-2025
- Politics
- Yahoo
Stonewall charity status under threat unless it respects trans ruling
Stonewall will be referred to the Charity Commission on Monday unless it withdraws 'wrong and dangerous' advice on the meaning of last month's Supreme Court ruling on women's rights. Sex Matters, the women's rights group, say the controversial LGBT charity has encouraged 'organisations to act unlawfully' by suggesting they delay any changes to female facilities such as toilets and changing rooms. On Thursday, Stonewall accused the Football Association of rushing into banning trans women, who are biologically male, from the female game. And they said the Supreme Court's historic judgment – that the definition of a woman was based on biological sex – had not yet become law. In a letter to Simon Blake, the chief executive of Stonewall, Sex Matters said the ruling meant it was law straight away, and said it would refer Stonewall to the Charity Commission unless the advice was withdrawn. Maya Forstater, the chief executive of Sex Matters, wrote: 'Stonewall remains an influential institution, which has the legitimacy of charitable status. 'It should not be encouraging employers, service providers, sports governing bodies or individuals to ignore or flout the law.' On Thursday, the FA decided to follow the Scottish FA in restricting the membership of women's teams to biological women. Stonewall published a statement saying: 'The FA and Scottish FA's decision to ban trans women from women's football has been made too soon, before the implications of the Supreme Court's ruling have been worked through by lawyers and politicians or become law. 'This is widely acknowledged to be an incredibly complicated ruling and its wide-ranging impact is still being worked through by the legal fraternity. 'All organisations should be waiting to see how and in what way statutory guidance is changed, before making any changes to their policies.' Ms Forstater warned in her letter that Sex Matters would write to the Charity Commission on Monday unless Stonewall retracted the statement 'by means of a public statement and an email to current and past members of the Stonewall Diversity Champions and other related schemes'. She went on: 'This advice is wrong and dangerous. The Equality Act has been law since 2010, and the Sex Discrimination Act before that since 1975. 'Before the Supreme Court judgment, there was some uncertainty about how it interacts with the Gender Recognition Act 2004 in relation to the protected characteristics of sex and sexual orientation. This uncertainty has now been resolved by the Supreme Court. 'The judgment is comprehensive, but is not at all complicated… 'Employers, service providers, charities and other duty-bearers under the Act have an ongoing obligation to comply with all relevant laws. There is no justification for waiting, and no ambiguity about what must be done. 'No further commentary or guidance is required, and by telling organisations to wait before acting, Stonewall is encouraging them to act unlawfully.' Ms Forstater claimed that Stonewall's actions were in direct contravention of its charitable objects, which are to promote human rights, promote equality and diversity, and promote the 'sound administration of law'. 'By telling organisations that the Supreme Court's ruling is not law and that they should wait for changes to the statutory guidance before complying, Stonewall is acting irresponsibly and in direct contravention of its charitable objects,' she said. 'Please act promptly to undo the damage caused by your irresponsible statement, insofar as is possible, by retracting it forthwith and publicising your retraction on all the same channels used to promote it. 'Please also replace the retracted statement with one that is clear and accurate, accompanied by a recommendation that all organisations act swiftly to come into compliance.' Martina Navratilova, the nine-times Wimbledon singles champion, said: 'Stonewall is stonewalling the UK supreme court. Good to know they know the law so well.' A spokesman for Stonewall said: 'We are taking time, and legal advice, to fully understand the implications of Supreme Court ruling and the EHRC's interim update and get 'clarity' on the next steps including the timeline of the consultation and on the parliamentary process for a new statutory code of practice. 'We are highlighting that organisations don't need to take any action yet, or change their policies, because no new statutory guidance has been issued. The widespread implications of the ruling are still being considered and there will be a consultation process and a subsequent parliamentary process before any changes to statutory guidance are issued. 'Once, and if, there is new statutory guidance, Stonewall will review its own materials to ensure they reflect the latest legal developments. Stonewall's guidance has always reflected the law.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
12-04-2025
- Health
- Telegraph
Women's rights prioritised in equality law revamp
Women-only spaces will be protected in an overhaul of equality laws under plans being considered by the Government. Transgender people will be routinely asked to present Gender Recognition Certificates and organisations compelled to define the difference between sex and gender under proposed changes to the equality code. Britain's human rights watchdog last week submitted a 310-page revised version of its Statutory Code of Practice on Services, Public Functions and Associations. The guidance, which was last amended in 2010, is considered to be 'out of date' by the Equality and Human Rights Commission (EHRC). The EHRC is pushing for a radical overhaul following fears existing guidelines on sex and gender were being loosely interpreted by hundreds of public bodies, allowing self-identifying trans people into single-sex spaces. The code is currently being scrutinised by ministers and officials, including government lawyers, and could be presented to Parliament before the summer recess. It will protect biological sex over gender identity as far as is possible under current law. The aim is to update equalities guidance in line with more than a decade's worth of legal cases, court rulings, tribunal outcomes and new legislation. It will heavily base its protections of philosophical belief on the outcome of the Maya Forstater case, according to those familiar with the plans. In 2021, an employment tribunal brought by Ms Forstater ruled the belief that trans women are not real women is a belief that 'must be protected'. The tax expert had been dismissed from her job after expressing gender critical views on the social media platform X. The tribunal ruled that her belief was protected under the Equality Act, setting a new legal precedent. The overhaul comes after the case of the Darlington Memorial Hospital nurses, who are currently suing their employer on grounds of sexual discrimination and sexual harassment. Darlington NHS Foundation Trust allowed a biological man who identifies as a woman but does not have a Gender Recognition Certificate to use the hospital's female changing room. The case will be heard in October. 'Transform the weather' A government source familiar with the plans told this newspaper 'it will transform the weather' on sex and gender. Its provisions include greater protections for single-sex spaces, including compelling all service providers and public facing organisations to clarify the difference between sex and gender. It also permits organisations to routinely ask for a Gender Recognition Certificate from trans individuals seeking access to single sex spaces. If implemented in full, it is expected to put the Government on a collision course with activist groups such as Stonewall, which has fought for trans people to be allowed into single-sex spaces. The revision follows concerns at the EHRC and in government that there was widespread non-compliance with the spirit of the Equality Act, as gender identity has become a creeping stand-in for biological sex. Last month, the independent Sullivan Review claimed that criminals are free to pick their gender because the Government is refusing to force police to record biological sex. It warned trans men and trans women were at risk of missing vital cervical and prostate cancer exams owing to confusion over their biological sex on official records. The independent review recommended police forces and the NHS should collect data on sex rather than just a person's self-declared gender identity. Last year, Baroness Falkner, the current chairman of the EHRC, said she had identified some 400 instances in which the Equality Act had been misinterpreted in recent years. An update to the sister Code for Employers is expected to follow the revision of the code for service providers. A Government spokesman said: 'Ministers will consider the proposals in due course.' The Prime Minister has repeatedly said that single-sex spaces should be protected. Government sources said ministers have not yet fully digested the revised code and that a timetable for implementation was yet to be set out. The code could also be further updated in the coming weeks depending on the imminent outcome of a landmark Supreme Court case on sex and gender. On Wednesday, Britain's highest court of appeal is due to rule on the case of For Women Scotland vs The Scottish Ministers. The appellants, a gender-critical campaign group, have argued that sex-based protections for women should only be afforded to those born female. The Scottish government has argued that the definition of women should include trans people with a Gender Recognition Certificate. If the court rules in favour of For Women Scotland the code could be further updated to reflect the change.
