Keir Starmer's 'follow the law' message over NHS Fife transgender doctor Beth Upton row

Prime Minister Sir Keir Starmer has responded to questions over the tribunal hearing involving nurse Sandie Peggie and transgender doctor Beth Upton

Sir Keir Starmer has said the Scottish Government “should follow the law” on single-sex spaces, amid a high-profile tribunal surrounding a trans doctor using a female changing room.

Sir Keir Starmer said he supported “safe spaces for women” and the Equality Act, which protects workers from discrimination.

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Sandie Peggie, a nurse at Queen Margaret Hospital in Dunfermline, has taken Fife Hospital Board to tribunal over Dr Beth Upton, a trans woman, being permitted to use a female changing room while transitioning.Sandie Peggie, a nurse at Queen Margaret Hospital in Dunfermline, has taken Fife Hospital Board to tribunal over Dr Beth Upton, a trans woman, being permitted to use a female changing room while transitioning.
Sandie Peggie, a nurse at Queen Margaret Hospital in Dunfermline, has taken Fife Hospital Board to tribunal over Dr Beth Upton, a trans woman, being permitted to use a female changing room while transitioning. | Andrew Milligan/PA Wire

Following his speech at the Scottish Labour Party conference in Glasgow, Sir Keir was asked about the ongoing tribunal against NHS Fife and whether he would clarify the law around the definition of a woman.

The tribunal was brought against the health board by nurse Sandie Peggie, following her suspension after she had complained about sharing a changing room with a trans doctor.

Dr Beth Upton laves the hearing. Picture: John DevlinDr Beth Upton laves the hearing. Picture: John Devlin
Dr Beth Upton laves the hearing. Picture: John Devlin | John Devlin

Asked about the tribunal, he said: “Look, I’m aware of the case. I’m not going to pretend I’m across all the details. I’ve been very focused, as you will probably have seen, on the question in Ukraine and the question in Grangemouth.

“But I’m aware of it, but I don’t know every twist and turn in the case.

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“I do believe in the Government’s support in safe spaces for women and the Equality Act and I think the Government should follow the law. I think that’s straightforward.”

First Minister John Swinney has repeatedly refused to comment on the issue, saying to do so could mean breaking the law because it is a live case.

However, he has said he agrees with his deputy Kate Forbes, who offered her “unequivocal” support for single-sex spaces.

The SNP leader has also said the Equality Act allows for trans people to be excluded from single or separate-sex facilities, adding these decisions should be “made on a case-by-case basis” and that managers must “balance the needs of the trans person” to use such a facility “against the needs of other members of staff”.

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The Scottish Government has been urged to clarify whether it thinks single-sex spaces for women include trans women or only those who are biologically female.

The UK Supreme Court is yet to announce its ruling on the definition of a woman, after concerns about single-sex spaces by the campaign group For Women Scotland.

Judges will decide whether trans women can legally be regarded as women under the Equality Act.

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