Health secretary sidesteps question on single-sex spaces in workplaces

Neil Gray has dodged the question of whether facilities for women in the workplace should be inclusive or exclusive of trans women.

The health secretary was asked to respond to Monday’s employment tribunal ruling in the case of Sandie Peggie v Fife Health Board, which concluded that allowing a trans doctor to use the female changing room was not “inherently unlawful”.

Scottish Labour deputy leader Jackie Baillie called for “one consistent approach” to be implemented across Scotland on access to single-sex spaces which would mean “a woman does not need to first complain to have her employer follow the law”.

And Conservative MSP Tess White argued female nurses were “operating in a climate of fear in a two-class system” due to health boards permitting trans employees to use changing rooms and toilets matching their acquired gender.

But Scottish Greens MSP Patrick Harvie argued the ruling said a “blanket exclusion” of trans women from women’s facilities was “generally unlawful”.

Gray said the government would consider the tribunal ruling “very carefully” and added that “detailed work” was underway on creating advice to health boards after the Supreme Court ruling earlier this year that sex under the Equality Act referred to biological sex.

He added:  “Our health system is based on the core values of care compassion, openness, honesty, dignity and respect for everyone, irrespective of their individual identities. This is an incredibly complex case, it’s a very lengthy judgment, and so we will take care and time to reflect upon it, as I would urge all colleagues to do.”

The tribunal ruled that NHS Fife has harassed Sandie Peggie when it: failed to temporarily revoke permission for transgender medic Dr Beth Upton to use the female changing rooms while a long-term solution was found; took an “unreasonable” amount of time to investigate allegations made against her; made reference to patient care allegations against her; and told her not to discuss the case.

But it dismissed a number of other claims brought by Peggie in relation to harassment, direct and indirect discrimination, and victimisation against the health board. Claims that Dr Upton had harassed her were also dismissed.

The judgment also stated that it was not “inherently unlawful” for a trans women to use the female changing rooms at work, but it was not “necessarily lawful” either.

Peggie’s legal team has 14 days to decide whether to appeal the decision. A separate hearing will need to take place to assess what remedy should be granted.

Tory MSPs Murdo Fraser and Douglas Ross called for the sacking of NHS Fife’s chief executive, Carol Potter, in light of the ruling.

Potter announced she planned to take early retirement last month, but Fraser said she should not be entitled to the pension that would come with retirement.