Latest news with #PublicSectorEqualityDuty
The Courier
2 days ago
- Health
- The Courier
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.'
The Herald Scotland
04-07-2025
- Health
- The Herald Scotland
Scottish Government warned over single-sex toilet policy
In a formal legal letter sent on Wednesday, the organisation said ministers must urgently rewrite internal guidance on single-sex facilities to bring it into line with a recent Supreme Court judgment on biological sex. READ MORE The warning centres on the Scottish Government estate — made up of 66 sites and 1,016 toilet facilities — where existing policy allows staff to use facilities based on self-identified gender rather than biological sex. Around 18% of the facilities are gender-neutral single-user 'superloos', while the rest are designated as either male or female. There are also numerous smaller sites — including fisheries and field-monitoring offices — where facilities may be shared or gender-neutral. In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act. The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. That ruling meant every organisation in the country needed to review their equality policies. The Supreme Court ruled that sex in the Equality Act means biological sexWhile First Minister John Swinney initially welcomed the 'clarity' provided by the ruling, the Scottish Government has said it is waiting for further guidance from the Equality and Human Rights Commission before issuing new advice to Scotland's public sector — including prisons, schools and the NHS. However, earlier this week, Dr Lesley Sawers, Deputy Chair and Scotland Commissioner for the EHRC, told The Herald that Scottish ministers had 'a responsibility to ensure their adherence to the Public Sector Equality Duty' — the legal requirement for public authorities in Scotland to consider protected characteristics, including biological sex, when carrying out their functions. In response, a spokesperson said work was 'proceeding at pace to implement the ruling across Government'. The Scottish Government's trans inclusion policy, signed off in January, states that 'staff should choose to use the facilities they feel most comfortable with' and that a GRC is not required to access single-sex spaces. In a letter to John Somers, Director of Equality, Inclusion and Human Rights, Maya Forstater, Chief Executive of Sex Matters, said the policy was 'clearly unlawful'. She added: 'The problem is not lack of infrastructure, but that the Scottish Government continues to operate an unlawful policy. 'As far as we can see, there is nothing to stop the Scottish Government immediately bringing the policy on toilets into line with the law, by making a statement that all facilities designated as male or female within the Scottish Government estate are to be interpreted as meaning biological sex, and that gender-neutral options are widely available. This would be in line with the Supreme Court judgment and the action taken by the Scottish Parliament. 'It is clearly a reasonably practical step in order to address the risk of individuals using opposite-sex toilets and other facilities. 'Please confirm, therefore, that you will take this step within seven days of the date of this letter. 'To the extent that the Scottish Government does not immediately stop the unlawful practices set out in this letter we may decide to commence proceedings without further warning.' The Workplace (Health, Safety and Welfare) Regulations 1992 require separate changing and toilet facilities for men and women 'where necessary for reasons of propriety'. Failure to provide such facilities, or to protect staff from discomfort or distress in those spaces, may also amount to unlawful harassment under the Equality Act. The Scottish Government has been approached for comment.
Powys County Times
15-06-2025
- Politics
- Powys County Times
Opinion: Lib Dem led council must not close Powys day centre
They say 'a society is judged by how it treats its most vulnerable'. Yet as highlighted in last week's County Times, the future of the Sylfaen centre at Llanidloes is under threat. Sylfaen is a Powys County Council-owned day service in Llanidloes which offers service users aged 19 to 72 a programme of sensory-based activities including soap making, sensory craft, gardening, cooking and day trips. Yet there are fears that it could close under Powys County Council's Liberal Democrat-led cabinet. Bearing in mind that Disability is a Protected Characteristic under the Public Sector Equality Duty, public organisations have to consider the potential impacts fully and share the impact assessment with those affected. With that in mind, we need assurance that a full impact assessment about the closure of Sylfaen has been done and not a mere tick box. The general duty of the Equality Act 2010 (also known as the Public Sector Equality Duty or PSED) sets out that those subject to the duty must have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not. In Wales, the Public Sector Equality Duty (PSED) goes further and contains express provisions about engagement (Regulation 5) and equality impact assessments (Regulation 8) which are not present in the English PSED. Regulation 8 (1) of Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011, states that: a. assessing the likely impact of its proposed policies and practices on its ability to comply with the general duty; b. assessing the impact of any: 1. policy or practice that the authority has decided to review, 2. revision that the authority proposes to make to a policy or practice, on its ability to comply with that duty; c. monitoring the impact of its policies on its ability to comply with that duty. The reality is Lib Dem led Powys expect volunteers and Direct Payments to plug the gap yet as is well known that's merely further pressure on carers and families.
The Independent
01-04-2025
- Health
- The Independent
Equalities watchdog to consider enforcement powers after NHS Fife exchange
The UK equalities regulator says it is considering whether to use its enforcement powers following recent correspondence with NHS Fife. The Equality and Human Rights Commission (EHRC) had earlier sought to remind the health board of its 'obligations' under equalities legislation. It said assessments of new policies and practices which affect equalities legislation must be published. The intervention came amid a high-profile employment tribunal brought against NHS Fife by nurse Sandie Peggie – who was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked. Chaired by Baroness Kishwer Falkner, the EHRC has powers to carry out investigations and apply for interdicts in the Scottish courts, if it believes organisations are not complying with equalities law. The Daily Telegraph reported an exchange of letters between the EHRC and NHS Fife. One of these was a March 27 letter from NHS Fife chief executive Carol Potter to EHRC chief executive John Kirkpatrick. She said: 'We recognise the significant media attention and public discussion this issue has generated. 'However, as with any complex legal and organisational matter, not all facts or considerations may be fully reflected in external reporting.' She said the health board recognises its responsibilities under the Equalities Act 2010, saying that the current legal process must conclude before any potential changes to practices can be considered. NHS Fife is 'committed to fostering a safe, inclusive, and non-discriminatory environment for all staff and patients', the chief executive said. Ms Potter also said NHS Fife is also awaiting the publication of a national 'gender transitioning guide' from NHS Scotland which will inform policy. A spokesperson for the EHRC told the PA news agency: 'The policies and practices of all Scottish health boards must comply with the Equality Act 2010, as it relates to the provision of single-sex services and spaces. 'We wrote to NHS Fife to remind them of their obligations under the Public Sector Equality Duty, and request that they provide information relevant to the provision of changing facilities for their staff and the rights of different groups in the application of these policies. 'We are currently reviewing the response NHS Fife provided and will be writing to them again shortly. 'As Britain's equality regulator, we will consider any appropriate next steps, including the use of our enforcement powers.'
Yahoo
01-04-2025
- Health
- Yahoo
Equalities watchdog to consider enforcement powers after NHS Fife exchange
The UK equalities regulator says it is considering whether to use its enforcement powers following recent correspondence with NHS Fife. The Equality and Human Rights Commission (EHRC) had earlier sought to remind the health board of its 'obligations' under equalities legislation. It said assessments of new policies and practices which affect equalities legislation must be published. The intervention came amid a high-profile employment tribunal brought against NHS Fife by nurse Sandie Peggie – who was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked. Chaired by Baroness Kishwer Falkner, the EHRC has powers to carry out investigations and apply for interdicts in the Scottish courts, if it believes organisations are not complying with equalities law. The Daily Telegraph reported an exchange of letters between the EHRC and NHS Fife. One of these was a March 27 letter from NHS Fife chief executive Carol Potter to EHRC chief executive John Kirkpatrick. She said: 'We recognise the significant media attention and public discussion this issue has generated. 'However, as with any complex legal and organisational matter, not all facts or considerations may be fully reflected in external reporting.' She said the health board recognises its responsibilities under the Equalities Act 2010, saying that the current legal process must conclude before any potential changes to practices can be considered. NHS Fife is 'committed to fostering a safe, inclusive, and non-discriminatory environment for all staff and patients', the chief executive said. Ms Potter also said NHS Fife is also awaiting the publication of a national 'gender transitioning guide' from NHS Scotland which will inform policy. A spokesperson for the EHRC told the PA news agency: 'The policies and practices of all Scottish health boards must comply with the Equality Act 2010, as it relates to the provision of single-sex services and spaces. 'We wrote to NHS Fife to remind them of their obligations under the Public Sector Equality Duty, and request that they provide information relevant to the provision of changing facilities for their staff and the rights of different groups in the application of these policies. 'We are currently reviewing the response NHS Fife provided and will be writing to them again shortly. 'As Britain's equality regulator, we will consider any appropriate next steps, including the use of our enforcement powers.'
