Exclusive:NHS Greater Glasgow & Clyde accused of 'dramatic U-turn' on 'legally sound' single-sex guidance in hospitals

NHS Greater Glasgow and Clyde issued clear guidance on staff conduct to support trans people and those transitioning gender.

The Scotsman has learned this policy has now been withdrawn as the health board waits for the Scottish Government to produce guidance in the wake of the For Women Scotland Supreme Court judgment.

However, the move, which came to light as part of a Freedom of Information [FOI] request, is understood to have caused confusion internally as the Transitioning in the Workplace Protocol document appears to be compliant with the law.

Ash Regan, Alba MSP for Edinburgh Eastern, said: "NHS Greater Glasgow and Clyde is seen from this FOI request to have attempted to address staff policy to uphold their Public Sector Equality Duties in staff policy, post the Supreme Court judgment in For Women Scotland v Scottish Ministers, in April 2025.

“NHSGGC's Transitioning in the Workplace Protocol has, however, been suspended while waiting for EHRC's [Equality and Human Rights Commission] amended Code of Practice.

"This unnecessary holding situation of policy is the result of a deliberate narrative of complexity around the clarity of a judgment from the apex court of the UK, on the clear definitions of ‘sex’, ‘man’, and ‘woman’, and the legal protections against discrimination provided in the Equality Act 2010."

EHRC guidance told organisations not to wait to follow the law on "sex", as clarified by the UK Supreme Court to specifically mean “biological sex”.

The situation for health boards is particularly pressing given the ongoing employment tribunal between the nurse Sandie Peggie and NHS Fife.

The health board is at the centre of a landmark employment tribunal after Ms Peggie said she faced discrimination and harassment as a result of having to share a female changing room with Beth Upton, a biologically male doctor who identifies as a woman.

Ms Regan added” [This U-turn] demonstrates the consequences of the Scottish Government's woolly words on ‘accepting the judgement’ while failing to act to implement the law in practice.

“It also begs the question of what the NHS's Central Legal Office (CLO) responsibility is here, if they are leaving health boards floundering, presumably now with no policy in place."

NHSGGC said the guidance was issued in 2017, but the document references the Supreme Court judgment from April. It reads: “The Supreme Court Ruling of 2025 sought to bring clarity to defining sex within the protections afforded by the Equality Act 2010.

“The Ruling means that trans employees are unable to access single sex facilities that match their realigned sex. Using facilities that match a trans person’s birth sex will likely be extremely uncomfortable for the trans person and so a third option should be provided.”

The guidance makes clear that trans and transitioning people should be respected in the workplace and says: “Trans people will not be excluded from the high standards of employment practice expected from NHSGGC.”

It says the health board will work with trans employees to ensure adequate toilet, shower and changing facilities are provided, with upgrades to be carried out to existing facilities, where needed.

The Scotsman asked NHSGGC if an equality impact assessment had been carried out in the drafting of the transitioning at work guidance. The health board did not respond to the enquiry.

Ms Regan added: "The EHRC exposed NHS Fife's failure to conduct an equality impact assessment on the policy, which allows a male doctor to use the female changing room, as highlighted by the very public employment tribunal in the nurse Sandie Peggie's case against her employer, NHS Fife.

“This failure is unacceptable - the public must have assurance that public bodies are upholding the law and their public sector equality duties.

“It is now clear from the FOI requests to other health boards and local authorities that the buck for this unnecessary confusion stops with the Government, whose evident weakness in the face of lobby groups to follow the law, has left public bodies facing a Russian roulette of legal, financial and reputational jeopardy."

Conservative shadow equalities minister Tess White said: “This dramatic U-turn by Scotland’s largest health board exposes the damaging consequences of John Swinney’s continued dithering in implementing the judgment from the Supreme Court.

“There can be no excuses for the SNP to not just get on with ensuring they are upholding the law, rather than kicking the issue into the long grass. So far it doesn’t even appear the imminent threat of more court action is making them act with any urgency.”

A spokesman for NHSGGC confirmed the health board had temporarily suspended its Transitioning in the Workplace Protocol “while we await publication of the Equality and Human Rights Commission’s amended Code of Practice for services, public functions and associations”.

He added: “We will make all necessary amendments to the protocol in line with the agreed Code of Practice to ensure NHSGGC continues to show due regard to meeting our legal duties.

“As soon as that process is complete, and the new protocol has gone through appropriate governance and approval processes, the suspension will be lifted.”

The Scottish Government has repeatedly said it is awaiting a review from the EHRC and “consideration is underway” of existing single-sex spaces policy.