Mick Hartley

A useful summary of the Sandie Peggie NHS Fife case at The Critic, from Michael Foran. In conclusion:

The law on workplace changing rooms is clear: the Workplace (Health, Safety, and Welfare) Regulation 1992 which state that changing facilities will not be suitable “unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety”. Given the fact that in a hospital staff must change completely into scrubs, it is obvious that these Regulations envisage separate facilities for men and women being necessary for reasons of propriety.

It is not possible for Dr Upton to have met the requirements for obtaining a GRC because, as stated in oral evidence this week, Upton began transitioning in 2022 and therefore could not have completed the required 2 years of living in the acquired gender prior to August 2023 when the events in this case began. Therefore, as a matter of UK law, Dr Upton is a man for all legal purposes, including the Equality Act 2010 and the 1992 Regulations. 

The 1992 Regulations are strict. There is no flex in them. NHS Fife is under an obligation to provide separate male and female changing facilities for staff. Providing a changing facility labelled “female only” while engaging in a practice of allowing a man to use it is not providing separate male and female changing facilities. 

 This is clear as a matter of law. What remains to be determined is whether the failure to provide a female-only changing room and the use of purportedly female-only facilities by Dr Upton constitute unlawful harassment and discrimination against Ms Peggie. I’ve written elsewhere about those legal questions, for those who are interested.