New single-sex space guidance needed to clear up 'sheer mess' left by SNP ministers, after Beth Upton case

New guidance is needed on single sex spaces because of the “sheer mess” the SNP ministers have created on the issue, Scottish Secretary Ian Murray has insisted.

Mr Murray said ministers needed to “clear up the sheer mess that they’ve made of this whole this whole issue”. His comments came as veteran SNP MSP Fergus Ewing urged First Minister to “declare his full support for safe spaces for women”.

Meanwhile, Murdo Fraser, a Scottish Conservative MSP for Mid Scotland and Fife, said the Government and Health Secretary Neil Gray must now set out “how they will ensure that female employees in the public sector have the legal protections they are entitled to”.

The comments came as reports indicated Sandie Peggie, the nurse who has brought an employment tribunal against NHS Fife, is facing a conduct hearing later this week.

Dr Beth Upton laves the hearing. Picture: John Devlin | John Devlin

The nurse, who has worked at the Victoria Hospital in Kirkcaldy, Fife, launched harassment proceedings against the health board and transgender medic Dr Beth Upton after an incident involved the the doctor in the hospital’s female changing room on December 24 2023.

However, it has now been reported Ms Peggie has been told to attend a conduct hearing on Friday, which it is said could lead to her dismissal.

That comes despite the employment tribunal not having yet concluded, with proceedings adjourned until July after ten days of evidence.

Ms Peggie lodged complaints related to indirect harassment, victimisation and whistleblowing after having had to share a hospital changing room with Dr Upton. But the nurse was suspended on January 3 last year following Dr Upton making an allegation of bullying and harassment, the tribunal, which is being held in Dundee, has heard.

Reports have claimed Mr Gray was warned last year that NHS Fife was “failing to comply with legal obligations” by allowing a transgender doctor to use a female changing room.

Neil Gray | PA

The Scottish Government has been vocal in its support for transgender rights, with legislation passed by Holyrood which would have permitted them to self identify in their chosen gender.

The controversial law, however, was never enacted after being blocked by the Conservative government at Westminster.

Mr Murray said he could not comment on an active employment tribunal case but added: “The really important thing here is that the Scottish Government, I think, made a real mess of this whole agenda.”

The UK Government minister said both Scottish Labour and its leader, Anas Sarwar, had been “clear” that “single sex spaces have to be protected”.

The Scottish Secretary said: “New guidance has to come from the Scottish Government to clear up the sheer mess that they’ve made of this whole issue.”

A spokesperson for NHS Fife said:“We are unable to comment in detail on matters relating to individual members of staff, however, despite some reports, we can confirm there is no conduct hearing scheduled to take place imminently in this case.”

A Scottish Government spokesperson said: “An NHS Scotland Guide to Transitioning has been developed and shared with Boards in advance of publication, as is normal practice with NHS Scotland workforce policies and guides.

“This period is intended to give Boards the opportunity to prepare for implementation before the go live date.

“The guide advocates a person-centred approach, with decisions being made on a case-by-case basis.”