Supreme Court gender ruling: Scottish ministers given deadline over single-sex spaces legal action

Human rights group Sex Matters has issued a ‘letter before action’ to the Scottish Government, warning ministers they will be back in the dock if they do not immediately update guidance on single-sex spaces following the ruling in April.

It comes as Maya Forstater, chief executive of Sex Matters, said the ruling on the definition of a woman had “changed the landscape” of the ongoing tribunal involving nurse Sandie Peggie.

Ms Forstater was speaking during a visit to Holyrood with Ms Peggie on Tuesday, where the pair met a number of politicians to discuss the impact the legal proceedings have had on Ms Peggie.

The nurse, who has worked at the Victoria Hospital in Kirkcaldy for 30 years, was suspended by NHS Fife after she complained about having to share a changing room with transgender medic Dr Beth Upton.

She took the health board and Dr Upton to an employment tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010.

The UK’s highest court ruled the terms “woman” and “sex” in the Equality Act 2010 refers to biological sex only. Since then there have been calls for trans women to not be allowed to use female-only spaces such as toilets and changing rooms.

However, the Scottish Government has said it is waiting for updated guidance from the Equality and Human Rights Commission before issuing new guidance on single-sex spaces.

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Ms Forstater said the legal letter had been issued because the Government was “dragging its feet”.

“The Supreme Court made the law absolutely clear - men are male and women are female, and both have rights to dignity and privacy in things like toilets, changing rooms and specialist services like women’s refuges,” she said.

“The Scottish Government is dragging its feet. It hasn’t changed its policy, which is exposing women and girls to harassment because of their sex. It creates a hostile environment for women and girls and that is unlawful.”

Ms Forstater claimed the Government had a responsibility to comply with the law “from the day the Supreme Court made its judgement”. She also suggested trans people should be asked to use unisex disabled toilets as “gender dysphoria can be classed as a disability”.

Scottish ministers now have 14 days to reply to this letter before action.

Asked how the judgment had affected the ongoing tribunal involving Ms Peggie, Ms Forstater said: “I think it’s really changed the landscape. You can’t ignore it.

“But in practical terms, it was only about people with gender recognition certificates (GRCs), and the doctor in this case didn’t have a GRC. So, what NHS Fife was doing was unlawful before the Supreme Court judgment [and] it’s definitely unlawful now. And I think everyone can see that.”

Tess White, the Scottish Conservatives’ equalities spokeswoman, said: “The Supreme Court’s judgement was crystal clear, but John Swinney still refuses to follow it.

“Sex Matters shouldn’t have to threaten legal action, but the SNP Government is leaving them no choice by clinging to unlawful guidance on single-sex spaces. This reckless pandering to gender ideologies is putting women and girls at risk - and leaving taxpayers on the hook for costly pay-outs.”

A Scottish Government spokesperson said ministers had been “clear that we accept the Supreme Court judgement”.

“We are reviewing policies, guidance and legislation potentially impacted by the judgment,” the spokesperson said.

“This will prepare us to take all necessary steps when the regulator of the Equality Act 2010, the Equality and Human Rights Commission, publishes its revised statutory code of practice and associated guidance for services, public functions and associations.”