A nurse with 17 years experience, we shall call her Fern Goodwin (she/her) to preserve her privacy, has been told by her manager that she can no longer use the female toilets and changing facilities. After 17 years working for NHS Grampian, and having had a GRC for two years, being told she can use female facilities for three years, Fern now feels deeply hurt by how they are treating her suddenly. She said: ‘They are segregating me because I’m a trans woman.’
This comes in the wake of the Supreme Court ruling that a person’s sex must be defined as their “biological sex”. This ruling has led to many trans people facing discrimination in both their work place and public life. Trans advocacy group Trans Actual have released a survey documenting the discrimination.
Done nothing wrong?
Fern’s manager stressed that Fern has done nothing wrong and that the decision was made by higher management. Fern fears her manager is not being entirely truthful. ‘I almost believed her till she started defending them and saying well we have to respect everyone, and we have young students that might be uncomfortable.’ The manager told her they are planning to repurpose a unisex changing room/toilet. In the meantime Fern can keep using the female toilets and facilities.
Hearing this broke Fern. In response to her manager, she said, ‘why wait a few weeks for installation of a mixed gender toilet and changing facility, if I’m such a threat, ban me now.’
In a letter to hospital management Fern outlined her many concerns. She worries that she won’t be able to continue working in various locations due to them not having the “correct” facilities for her to use. She is extremely concerned about it outing her to both staff and patients at the hospital. She believes it will put her at danger of further discrimination and make her work environment intolerable and unworkable.
Discrimination based on gender assignment characteristics
Fern states:
“ I feel any attempt to segregate myself from the facilities of the gender I identify as, is a direct case of discrimination based on my actual or perceived biological sex and protected characteristics of gender reassignment.
It is the proposed plans I find humiliating, degrading, a breach of privacy and the right to a private life as stated in Goodwin Vs UK 2003, almost 22 years ago.”
Fern concludes the letter with a plea to address her concerns promptly.
‘Unsuitable facilities will result in my non attendance at my workplace until rectified. Understandably, I don’t think you would attend work if there were unsuitable or no facilities to pee or change without members of the opposite gender.’
Fern has also faced great difficulty in getting payroll to update her gender marker. ‘Despite my calls and emails to my payroll officer, my payroll information still states that I am a Mr and that my gender is male. I have updated this several times with people telling me it was sorted.’
A spokesperson for NHS Grampian told Pink News:
‘We are continuing to treat everyone in our care and all colleagues with dignity and respect. We will follow any new national guidance, when available, and aim to ensure everyone is protected from discrimination.’
To Fern this feels like discrimination
Fern however does not feel protected from discrimination.
‘My colleagues were all thrilled for me and wished me well when I went for gender reassignment surgery. This feels like a huge betrayal and has left me feeling very anxious and worried about what’s going to happen. I like my job and I’m distraught that this happened to me. I have done nothing wrong.
My relationship with both staff and patients and colleagues has also been a good one. This decision is driving a wedge between myself and them. It makes no sense. I’m no threat. I only want to help people.’
When asked about her next steps, Fern says she is going to carefully consider the response she receives from management. If she deems it unsatisfactory, she will consider her options, which may include seeking legal action against NHS Grampian.
