5 days ago
- Health
- The Herald Scotland
Sandie Peggie: NHS Fife tells watchdog it broke law
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.
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.'
Baroness Kishwer Falkner, chairwoman of the EHRC, said: 'The policies and practices of all Scottish health boards must comply with the Equality Act 2010.
'Earlier this year we asked NHS Fife to provide us with information on the provision of single-sex changing facilities for staff and the rights of different groups in the application of these policies. At that point NHS Fife confirmed that no equality impact assessment was available.
'Undertaking an equality impact assessment of relevant policies or practices, and publishing the results, are requirements of the PSED Specific Duties in Scotland. 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 30 September.
'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 16 April. 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.
'We continue to urge NHS Fife to progress the corrective actions we directed without delay. These steps are essential to protect NHS Fife staff from discrimination and harassment on the basis of protected characteristics, including 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.'
In February, the EHRC also wrote to the Cabinet Secretary for Health and Social Care on the same issue.
On the Scottish Government's role, Baroness Falkner continued:
'As the equality regulator, we will also continue to engage the Scottish Government on ministerial oversight of the provision of staff single-sex facilities across NHS Scotland.
'When we met with the Cabinet Secretaries for Health and Social Care and Social Justice on 10 June, we emphasised that while health boards are responsible for their own compliance with the Equality Act, Scottish ministers have a responsibility to ensure their adherence with the Public Sector Equality Duty.'
More to follow...
