NHS trust tell trans staff to use any toilet, changing room or shower

NHS trust tells trans staff to use whichever toilet, changing room or shower they want

NHS bosses have issued new guidance for pre-operative transgender staff
Colleagues cannot object to which facilities trans-identifying staff use, it states
And, there is no need for staff to have had or arranged reassignment surgery

NHS bosses have issued guidance allowing pre-operative transgender staff to use whichever toilet, changing room or shower they want to.

The Staff Trans Equality Policy, published by Rotherham, Doncaster and South Humber NHS Foundation Trust (RDaSH) and drawn up with the help of controversial equality rights group Stonewall, states that ‘trans people are entitled to use single-sex facilities in accordance with their gender’.

No objections from colleagues are allowed to interfere with the right of trans-identifying staff to use whichever single-sex facilities they want to, according to the document.

Nor is there any requirement for individuals to have undergone any gender reassignment surgery or even be in the process of arranging it.

NHS bosses have issued guidance allowing pre-operative transgender staff to use whichever toilet, changing room or shower they want to (file photo)

It states: ‘It is not acceptable to expect an individual undergoing gender reassignment to use facilities designated for use by those of their birth gender.

‘Following gender reassignment, whether or not this has involved surgical procedures, the individual should be fully supported in using all facilities appropriate to his or her acquired gender.

‘Should there be any objections to this [entitlement], a manager will deal with the objections in a sensitive and understanding way while not denying the trans person access to facilities appropriate to their lived gender.’

The Equality Act 2010 refers to the ‘protected characteristic of gender reassignment’, putting it on a par with age, race and sexual orientation – and making it illegal for a person to be discriminated against on those grounds.

According to the legislation, a person is defined as undergoing gender reassignment if they are ‘proposing to undergo, is undergoing or has undergone a process… for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex’.

It appears the trust has taken this to mean that gender reassignment starts when someone begins identifying as the opposite sex.

But this is a highly controversial position, disputed by those who say merely identifying as transgender is not a protected characteristic.

The 22-page policy twice cites Stonewall, which has been heavily criticised for taking an ‘ideological’ stance on transgender issues.

Kiri Tunks, of Woman’s Place UK, said: ‘There are many reasons why women want access to toilet and changing facilities reserved exclusively for them.

‘Employers have a duty to balance the rights of all their employees under the Equality Act.

‘They need to look for solutions which address everyone’s needs – instead of pursuing actions likely to create tension and conflict.’

RDaSH employs 3,700 staff working in community and mental health and disability services. The trust became a member of Stonewall’s Diversity Champions scheme in 2019, paying £3,000 a year.

It did so after its People’s Preparation Committee said joining ‘will signify to prospective and current employees that RDaSH is an employer of choice which values and appreciates the benefits that diversity can bring to the organisation’, and ‘demonstrate that we are a caring, compassionate and inclusive employer which respects people for who they are’.

The trust was contacted for comment but failed to respond.

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