The UK’s Supreme Court has ruled that “man”, “woman” and “sex” in the Equality Act 2010 refer to sex, not self-ID or paperwork (gender-recognition certificates). This agreed with our legal interpretation. We have published new guidance and are in the process of updating our publications to reflect the judgment. We are also working to provide answers to the questions we're hearing from supporters and the media. We will publish these as soon as possible.

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The Scottish government should take action to protect women at work

Will NHS Scotland follow the law?

Sex Matters, along with Murray Blackburn Mackenzie, For Women Scotland and Fair Play For Women, today wrote to Neil Gray MSP, the Scottish government’s Cabinet Secretary for Health and Social Care, following the first stage of hearings in the case of Sandie Peggie v NHS Fife and Dr Upton. The hearing has exposed broader issues across the NHS.

We called on him to take action to ensure that NHS staff in Scotland are provided with separate-sex changing rooms as reported by The Courier. 

Read our letter:

Our letter points out that having separate-sex provision for toilets, washing and changing is a basic expectation for everyone at work, and is a right protected by law under the Workplace (Health, Safety and Welfare) Regulations 1992. It should not have to be negotiated by individual employees, or even individual managers or individual NHS boards.

NHS Scotland has produced a draft Workforce gender transitioning guide, which fails to mention these regulations. Instead it encourages boards to ignore their legal obligations by allowing staff who identify as transgender to use their “preferred facilities, unless there is a particular “case-by-case” reason why they should not. 

Such advice puts employees at risk of suffering unlawful harassment and discrimination. It also puts boards at risk of substantial legal and reputational costs, as is becoming clear from the case of Sandie Peggie, which is ongoing (the hearing is due to continue in July). 

We have called on the Cabinet Secretary to make an urgent, unequivocal statement supporting the right of women and men working in the NHS to suitable separate-sex facilities, and to instruct the Chief Executive of NHS Scotland to:

  • remind all NHS boards that they are expected to meet the 1992 workplace regulations
  • withdraw the draft Workforce gender transitioning guide 
  • revise the guide to ensure that the rights of other staff and of patients are recognised
  • issue a new draft for consultation. 

Politicians react to the case

The publicity concerning the Sandie Peggie case has led to constituents contacting their MSPs and asking them to take action and to discuss the issue in Parliament. 

If you are in Scotland, you can send our letter to your MSP and ask them to write to Neil Gray on your behalf asking for answers. 

The case has already prompted political movement. Today Scottish Labour leaders Anas Sarwar MSP and Jackie Baillie MSP publicly announced their support for Sandie Peggie and said that if they had known what they do now, they would not have supported the Gender Recognition Reform Bill. 

But attempts to prompt discussion in Parliament were stymied as questions were rejected by the Presiding Officer Alison Johnstone, because the case is ongoing. The SNP and Greens voted to block a motion that called for the Scottish government to make a statement about the issue.

Watch the discussion:

Murray Blackburn Mackenzie said:

“We are pleased that Scottish Labour recognises that it should not have voted in favour of the Gender Recognition Reform Bill and acknowledges the impact of institutional capture on this issue. Prior to and throughout the passage of the Bill, we and others highlighted the clear risks to the operation of the Equality Act 2010. 

“We call on UK Labour to commit to any action that may be needed, following the imminent ruling by the Supreme Court, to ensure that a Gender Recognition Certificate does not change a person’s sex for the purposes of the Equality Act 2010. 

“In any event. Scottish Labour needs to understand the urgency of reversing the institutional capture that has led to cases such as that of Sandie Peggie.”

Joanna Cherry KC (a member of Sex Matters’ Advisory Group) said:

“If you had bothered to listen to the women and LGB people, including within your own party, at the time, who were raising concerns, you would have known about and understood the pitfalls. I think we are all owed an apology.”

Filed under Legal systems   Updates  

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