NHS nurses campaigning to preserve single-sex spaces for biological women have called on Health Secretary James Murray to meet with them and address ongoing concerns about current policies. The request follows the publication of updated guidance from the Equality and Human Rights Commission (EHRC) on the application of single-sex spaces under the Equality Act 2010.
The EHRC’s code of practice, released in September, clarifies circumstances in which transgender individuals may be lawfully excluded from single-sex areas. This comes after the Supreme Court ruled over a year ago that the terms “woman” and “sex” in the 2010 Act refer to biological sex. Despite the ruling and guidance, some healthcare professionals have expressed confusion about how the new code will be implemented and enforced.
In Darlington, nurses raised safeguarding concerns following an incident where a biological man identifying as a woman was permitted to enter a female-only changing room. According to nursing staff, they were asked to leave the space while the individual remained. The trust spent over £600,000 defending the policy in legal proceedings. These events have intensified calls for clearer direction and adherence to the law protecting single-sex spaces.
Bethany Hutchison, who led the group of nurses to a legal victory against the County Durham and Darlington NHS Foundation Trust, urged the Health Secretary to engage directly with staff. “This must now be settled — once and for all,” she said, emphasizing the need for definitive guidance and resolution on the issue.
James Murray, the current Health Secretary and a known supporter of transgender rights, is an active patron of LGBT+ Labour. In 2022, he publicly stated, “I believe trans women are women.” Nonetheless, he faces pressure to reconcile his stance with the legal framework established by the Supreme Court and the EHRC’s code.
A spokesperson for the Department of Health reaffirmed the government’s position, stating that NHS services should maintain single-sex spaces based on biological sex while also protecting the rights, dignity, and safety of transgender people. The statement indicated the Secretary of State’s commitment to balancing these considerations but did not specify how forthcoming policy changes would be enacted.
Campaigners argue that prolonged delays in official guidance have placed healthcare workers in difficult positions, with some fearing professional repercussions for voicing concerns. The nurses’ group hopes that a scheduled meeting with Mr. Murray, arranged by his predecessor Wes Streeting, will provide the clarity and reassurance needed to move forward.
