Internal Reference Number: FOI_8611
Date Request Received: 28/04/2025 00:00:00
Date Request Replied To: 27/05/2025 00:00:00
This response was sent via: By Email
Request Summary: Single-Sex Spaces Policy Concerns 鈥� Workplace (Health, Safety, and Welfare) Regulations 1992 & Equal
Request Category: Private Individuals
| Question Number 1: I am writing to express my concerns regarding compliance with UK law on single-sex spaces in hospitals and to seek clarification on SA国际传媒's (SFT) adherence to these legal requirements. The recent UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers (2025) has provided definitive clarity on the interpretation of the Equality Act 2010. The Court ruled that the terms 鈥渨oman鈥� and 鈥渟ex鈥� in the Act refer to biological sex. This judgment underscores the legal entitlement of biological women to single-sex spaces, including hospital wards and staff facilities, as mandated by the Equality Act 2010 and the Workplace (Health, Safety, and Welfare) Regulations 1992. The Workplace (Health, Safety, and Welfare) Regulations 1992 explicitly require employers to provide 鈥渟eparate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety鈥� (Regulation 4, Schedule 2). In healthcare settings, where staff are required to change into scrubs, this requirement is particularly pertinent. The Equality Act 2010 further mandates the protection of sex-based rights, including the provision of single-sex spaces. The Supreme Court judgment has reinforced that these rights are based on biological sex, not gender identity. To better understand SFT position, I would appreciate your response to the following questions: Does your Trust comply with the Workplace (Health, Safety, and Welfare) Regulations 1992 regarding single-sex staff changing facilities? | |
| Answer To Question 1: Yes | |
| Question Number 2: Has your Trust conducted an Equality Impact Assessment (EQIA) to evaluate the impact of single-sex space policies on staff and service-users with the protected characteristic of sex? If so, please provide a copy. If not, what considerations have informed your decision? | |
| Answer To Question 2: The Trust ensures privacy, dignity and safety for all patients by adhering to NHS England's single-sex ward guidance and the Equality Act 2010, and by conducting Equality Impact Assessments into its policies. | |
| Question Number 3: What steps is your Trust taking to align its policies with the Equality Act 2010 to ensure that sex-based rights are upheld? | |
| Answer To Question 3: The Trust conducts an Equality Impact Assessment on its polices to ensure compliance with the Equality Act 2010 to ensure sex equality, privacy, dignity and safety. | |
| Question Number 4: Does your Trust鈥檚 patient accommodation policy allow for self-identification, meaning patients are placed in wards according to their gender identity rather than their biological sex? | |
| Answer To Question 4: Same sex accommodation policy attached. Operationally the Trust would accommodate based on biological sex and endeavours to make respectful and appropriate provisions to meet the specific needs of patients with the protected characteristic of gender reassignment. The Trust is able to do this as it has a higher number of side rooms and has the ability to accommodate individuals accordingly. All bays across the ward have an integral bathroom facility for use by the patients within the bay. To accompany this answer to question 4 please also see the documents listed below:  Eliminating Mixed Sex Accommodation (EMSA) policy - SA国际传媒.pdf | |
| Question Number 5: How is your Trust meeting its obligations under the Public Sector Equality Duty (PSED), including the requirement to eliminate discrimination and advance equality of opportunity? | |
| Answer To Question 5: The Trust has an Equality Diversity and Inclusion policy (with clear roles and responsibilities for managers, staff and the Trust Board) underpinned with the public sector equality duty to eliminate discrimination and provide equality of opportunity | |
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