Question:
A comment is sought on the following opinion piece from a representative of Sex Matters:-
Are women allowed a male-free changing room at work? Seems like a no-brainer, but not if you have a male colleague who says he is a woman.
This is what happened to the Scottish nurse Sandie Peggie. When she objected to his presence, she was suspended from work.
Peggie brought a claim for sex discrimination and harassment against her employer, NHS Fife, and the trans-identifying male doctor who insisted on using women’s facilities. The tribunal ran out of time in February, and her hearing resumes this week.
In the meantime, there has been a seismic change in the legal landscape. In April the Supreme Court ruled that in the Equality Act, “woman” means a biological female, so a “women’s changing room” is only for females - and always was.
This sounds like a slam dunk for Nurse Peggie. But NHS Fife has given no sign that it understands employers aren’t legally allowed to let men use women’s spaces, even if those men “identify” as women. It seems set to continue defending the case, at huge public expense.
NHS Fife is not the only public body failing to follow the law as set out so clearly in the Supreme Court judgment.
Across the UK, many seem unwilling to say No to men who identify as women.
Sex Matters, the charity I work for, is planning legal action against the City of London Corporation, which runs open air swimming ponds on Hampstead Heath.
It insists the Ladies’ Pond is open to transwomen – that is, to trans-identifying men. More court cases are likely to follow.
Response:
A spokesperson for NHS Fife said: “As made clear during the earlier tribunal proceedings, NHS Fife's investigation was initiated following concerns raised about conduct, not because concerns were raised about a trans woman’s use of a locker room.
“NHS Fife did not initiate the ongoing legal proceedings and is instead defending an action brought against it. A recent statement from the Claimant’s legal representative said she is determined to continue with it, as she is entitled to do. The case concerns a number of different claims and allegations, against NHS Fife and its staff. NHS Fife is seeking to defend itself, via the appropriate legal channels.
“NHS Fife also acknowledges the Supreme Court’s ruling and other developments in this area. Work is underway across the entirety of the health board's estate (including toilets, changing and locker rooms) to identify areas where any adaptions may be required and schedule any work necessary."
[ENDS]
