Overview

• A new equality impact assessment instructs that where separate men’s and women’s facilities exist, staff should use the facility corresponding to their sex at birth.
• NHS Fife states an interim approach to provide a mix of single-sex, gender-neutral and accessible options so every staff member has suitable facilities.
• The review warns of a risk of indirect discrimination if gender-neutral options are scarce or poorly located, which could out trans staff, and notes higher demand for women’s facilities in a majority-female workforce.
• The EHRC told the board to progress corrective actions and NHS Fife commissioned the assessment retrospectively after admitting none had been done previously.
• The policy update comes as the employment tribunal brought by nurse Sandie Peggie over a 2023 changing-room dispute continues, with deliberations due later this month.