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NHS employee suspended over trans altering room row sues well being chiefs

  • Worker claimed she felt uncomfortable when a trans woman colleague undressed in front of her
  • The trans woman also complained and the female member of staff was suspended from work 
  • NHS Fife now faces legal action over decision to suspend worker for three months over the incident

A female worker is suing a Scottish NHS board after she was suspended from her job for complaining about having to share a changing room with a trans woman.

The staff member, who has not been named, is taking legal action against NHS Fife over the incident, which has sparked concerns among women’s rights groups.

She was said to have been in a changing room late at night last year when a trans woman colleague started to undress in front of her.

After she complained, she was suspended for three months in January.

Although she has now returned to work, a disciplinary investigation into the matter by the health board is ongoing.

Alba Party MP Neale Hanvey described NHS Fife's decision to suspend the female worker as 'utterly scandalous'

Alba Party MP Neale Hanvey described NHS Fife’s decision to suspend the female worker as ‘utterly scandalous’

The case was raised by the Alba Party’s Cowdenbeath and Kirkcaldy candidate, Neale Hanvey, who described her treatment as ‘utterly scandalous’.

Mr Hanvey said the woman had felt ‘intimidated and embarrassed,’ but her colleague had maintained they had a right to be there.

The trans woman also complained and the female member of staff was suspended from work with a probe launched into the incident.

NHS organisations allow transgender staff to use the toilets and changing rooms which align with their gender identity. Prohibiting this would be a breach of the Equality Act which protects the rights of trans people.

But the woman has objected on the grounds of her own privacy and dignity being violated. She has also complained that the trans woman has been allowed to use the changing facility without consultation with the other women who use it.

Mr Hanvey, who was still an MP when the case first emerged, referred the suspended health worker to charity Sex Matters.

NHS  Fife says it is 'committed to ensuring a safe and welcoming working environment'

NHS  Fife says it is ‘committed to ensuring a safe and welcoming working environment’

He said: ‘This has been an unimaginably difficult case for the woman concerned and is utterly scandalous.

‘I have been a strong supporter of women’s rights prior to and during my time as the local MP.

‘The woman came to me for help and support.’

Fiona McAnena, director of campaigns at Sex Matters said: ‘Making a female employee share changing facilities with a man who identifies as a woman and then suspending her from work for raising her concerns shows that gender ideology has been allowed to trump all other considerations. Do women who work in NHS Scotland not deserve privacy from the other sex?

‘This looks like a Scottish government body prioritising the feelings of men over the safety and wellbeing of female staff members.’

A spokesman for NHS Fife said: ‘We are unable to comment on matters relating to individual members of staff for reasons of confidentiality.

‘NHS Fife is an inclusive employer and is committed to ensuring a safe and welcoming working environment for each and every member of its staff.’

First Minister John Swinney was also asked about the row while he was campaigning in Glasgow on Saturday.

He said: ‘I don’t know the detail of the case, but I’ll look at that with care.

‘It’s important that the legislative arrangements that are in place under the Equalities Act to protect single sex spaces are applied in practice.

‘That thinking and rationale is important to be applied in practice in all circumstances.’

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