An NHS trust is fighting to have a landmark legal case held in secret after a nurse with 30 years experience was suspended for complaining about a transgender woman in a female changing room.
The case, set to be heard at an employment tribunal in Edinburgh next February, could have far-reaching implications for women’s spaces in healthcare settings across Scotland.
NHS Fife is attempting to have the proceedings held in secret, applying for a Rule 50 Order to protect the anonymity of all involved and restrict reporting.
The health board’s efforts to keep the ten-day hearing, estimated to cost around £200,000, out of the public eye have sparked controversy.
The nurse claims that her employers suggested she get changed in a cupboard if uncomfortable with sharing a changing room with her trans colleague.
She also alleges that they attempted to alter her working hours and location within NHS Fife.
The NHS Trust wants to the legal proceedings to be held in secretPA
The case is set to be a first of its kind in Scotland, with the nurse claiming that her employers are breaching the Equality Act, which protects female-only spaces.
A hearing to decide whether the tribunal will be held in private is scheduled for next month.
The incident leading to the nurse’s suspension occurred on Christmas Eve last year.
A source said: “At one point, it was suggested that if she was unhappy she could go and change in a nearby cupboard.
“But on Christmas Eve during her shift she was forced to have to change her clothes after they became soiled and went to the changing room. She found herself alone with the same co-worker present and told him she was very uncomfortable.
“She was upset and turned her back on him but he claimed he had as much right to be in there as she did.
The NHS nurse was suspended on Christmas Eve last year
PA
“The nurse then made reference to the recent case of Isla Bryson, the male rapist who had been in the news when he was initially sent to a women’s prison, in an attempt to explain why women were anxious about males in female spaces.”
Following the incident, the nurse was suspended and accused of bullying by her transgender colleague.
The suspension was lifted in April after intervention by her solicitor during the disciplinary process.
The nurse’s solicitor, Margaret Gribbon has said the case could have significant implications beyond NHS Fife.
She said: “Many other Health Boards and public sector organisations in Scotland operate similar policies and so the outcome of this case is likely to affect tens of thousands of women.”
Two top London barristers have been enlisted for the case. Naomi Cunningham, who previously represented a caseworker in a successful tribunal against Edinburgh Rape Crisis Centre, is acting for the nurse. Jane Russell, a high-profile employment tribunal specialist, represents NHS Fife and the transgender co-worker.
NHS Fife said in a statement: “NHS Fife has a duty of care to all our staff and is committed to ensuring a safe and inclusive working environment for all.”
It declined further comment due to the ongoing legal process.
The Royal College of Nursing (RCN) union stated it does not comment on individual cases.