The Equality and Human Rights Commission has written to the Cabinet Secretary for Health and Social Care and NHS Fife, regarding access to single-sex changing facilities for NHS staff.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “As Britain’s equality regulator, we promote and enforce compliance with the Equality Act 2010.
“Health bodies in Scotland, England and Wales must have an accurate understanding of the operation of the Equality Act as it relates to the provision of single-sex services and spaces.
“Today we reminded NHS Fife of their obligation to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment.
“Under the Public Sector Equality Duty, all Scottish health boards must assess how their policies and practices affect people with protected characteristics. We have requested that NHS Fife provide us with a copy of any equality impact assessment relating to the provision of changing facilities for staff; any information relevant to how such policies have been kept under review; and any details on steps taken to ensure that the rights of different groups are balanced in the application of these policies.
“We also highlighted that the Workplace (Health, Safety and Welfare) Regulations 1992 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”.
The Health and Safety Executive have an Approved Code of Practice and guidance that NHS Boards can refer to.
“This week media reported on NHS Scotland’s forthcoming Guide to Transitioning, which the Scottish Government confirmed has been shared with health boards in preparation for its implementation. It is important that this guide, and all guidance, policies and practices which rely on it, faithfully reflect and comply with the Equality Act 2010.
“We have asked to meet with the Cabinet Secretary to discuss the Scottish Government’s role in ensuring that NHS Scotland and other bodies meet their legal obligations under the Equality Act.”