Trans doctors can use lavatories of their choice, says hospital trust

A London hospital trust has told trans employees they can use the lavatories and changing rooms of their choice in a challenge to Wes Streeting.

Guy’s and St Thomas’ trust’s new transgender equality policy tells all staff they must refer to everyone with the pronoun of their choice, even if they do not believe in gender ideology.

It also advises managers not to disclose the trans status of a doctor or a nurse to patients, which campaigners fear could mean patients not being guaranteed intimate care by someone of the same sex.

The guidance comes after eight nurses from Darlington took their trust to court after being forced to share a changing room with a biological man who identifies as a woman.

The nurses have drawn up proposed NHS guidance, being considered by Mr Streeting, the Health Secretary, under which trans people would not be allowed in women’s showers and changing rooms.

The guidance notes there is no “hierarchy” under equality laws and the rights of trans people should not be prioritised over the rights of women. Mr Streeting asked the nurses to send him their proposed guidance as he considers what moves to make.

NHS Fife is currently in a legal dispute after Sandie Peggie, a nurse, had to share a changing room with a transwoman.

Fiona McAnena, the director of campaigns at women’s rights charity Sex Matters, said: “With the Darlington nurses and Sandie Peggie cases under way, it’s inexplicable that Guy’s and St Thomas’ NHS Trust has just produced a new policy stating that staff who identify as transgender can access the facilities of the ‘gender’ they identify as.

“The leadership of Guy’s and St Thomas’ needs to get a grip, pull this new policy and start again if the trust is to avoid becoming the latest NHS trust to face costly legal action because of reality-denying absurd policies and practices.”

The trust’s transgender policy, seen by The Telegraph, was drawn up by equalities officers and LGBT members of staff.

Controversially, it recognises “non-binary” identities, which are not recognised in law.

It sets an aim for all NHS staff in the two hospitals to be trained on “non-binary staff and gender non-conforming identities”.

The trust also said it would collect data on the gender that staff identify as, but not their biological sex, in defiance of the Government.

On toilets and changing rooms, the guidance states: “Facilities: provide access to gender-appropriate facilities. Gender-neutral options will also be made available where possible.

“Transgender people are accommodated according to the gender they identify with, rather than sex registered at birth, regardless of where they are on the transition journey.”

The guidance states that “everyone is addressed using the names and pronouns that they request at that moment in time”.

It added: “On joining the trust, they should always be referred to by their chosen name and gender identity. If the line manager is aware of their trans status, it is inappropriate for them to disclose that information.

“Some people may prefer to be more public about their trans status, but this decision needs to lie with the individual.”

Trust guidance

The guidance also states the trust will implement “inclusive recruitment”, which means they will appoint the most suitable candidates regardless of “gender, sexual orientation, marital or civil partnership status, disability, race, age, religion or belief, pregnancy or maternity or gender reassignment”.

That includes eight of the nine protected characteristics under the Equality Act. The one that is missing is “sex”.

The document also states: “Support the creation and promotion of training for all staff on LGBT+ inclusion, with specific modules on transgender, non-binary, and gender non-conforming identities as part of the trust LGBT+ inclusivity programme.”

Ms McAnena said: “The authors of this policy seem only distantly acquainted with UK law. It doesn’t even mention that sex is a protected characteristic in the Equality Act, but refers repeatedly to ‘non-binary’ identities, which appear nowhere in the law and are irrelevant to healthcare. It’s as absurd as a veterinary hospital writing a policy about cats that identify as dogs.

“The requirement not to disclose the sex of trans-identifying staff risks patients who ask for a female health professional being confronted by a male one who claims to be a woman.

“Having to use ‘preferred’ – that is, wrong-sex – pronouns means nobody will even be able to state the truth if and when this happens.

“The demand to ‘ensure that everyone is addressed using the names and pronouns that they request at that moment in time’ even suggests that preferred pronouns can change, and colleagues must try to keep up.

A spokesman for Guy’s and St Thomas’ said: “Transgender staff, like all our staff, deserve to be treated with kindness and respect in line with our Trust values. As an inclusive employer, it is important we ensure everyone is supported regardless of sexual orientation or gender identity.”