Last month the BBC offered its staff ‘inclusive environment’ sessions after the Supreme Court trans ruling. Now the NHS is at it…
Guido has seen a memo from University Hospitals Birmingham NHS Trust, which runs four major hospitals and has the third-largest income of any NHS trust in England, announcing a series of “extraordinary sessions” for their 24,600 staff members on how to deal with the ruling and subsequent EHRC guidance. The memo laments:
“It was not the role of the UKSC to define what is, or what it means to be a ‘woman’… We understand that competing rights exist, and it is important that these are balanced. UHB is committed to fostering a safe and inclusive environment where everyone can thrive and bring their whole selves to work. We recognise all protected characteristics, and it is essential that we acknowledge and celebrate our differences. That is our ethical and moral obligation to each other. We acknowledge that this has been a difficult time for many colleagues and would like to take the opportunity to remind you of the support available to you.”
The ‘UHBeProud Staff Network’ and Inclusion Team go on to list eight one-hour long support sessions over the next two months available for staff to join. Naturally all between the hours of 1100 and 1700…
The memo is signed off by the Trust’s CEO Jonathan Brotherton – who took home a whopping £427,000 in remuneration last year. Unbelievably, just last week, the Trust announced it was planning to cut around 300 roles in cost-saving measures. The Trust’s 2.2 million annual patients might have a view on what staff should spend their working hours doing…
Read the memo in full below:
Guidance following Supreme Court judgement
Dear colleague,
Further to recent discussions and engagement with colleagues over the past few weeks at CEO Connected and the Culture and Inclusion Delivery Group, we wanted to provide further guidance following the recent judgement issued by the Supreme Court and the subsequent interim guidance issued by the Equality and Human Rights Commission.
What does the judgement mean?
The UK Supreme Court (UKSC) issued their judgment in the For Women Ltd v The Scottish Ministers case which was followed more recently by interim guidance issued by the Equality and Human Rights Commission (EHRC).
The role of the UKSC was to interpret the Equality Act 2010. It was not the role of the UKSC to define what is, or what it means to be a ‘woman’.
The UKSC decided that the definition of the protected characteristic of ‘sex’ under the Equality Act 2010 is a reference to biological sex and that ‘sex’ based on self-identification or possession of a Gender Recognition Certificate does not fall under this definition.
This judgment does not change the law; it clarifies the existing law and underscores the legal rights and protections afforded to trans and biological women who, as historically marginalised groups, have fought hard for equality.
Trans persons are still protected from all forms of unlawful discrimination under the protected characteristic of gender reassignment.
Transphobia is still unlawful.
Discrimination, harassment or victimisation of all protected characteristics is still unlawful.
What are we doing at UHB?
Prior to the judgement, in February 2025, a dedicated steering group was established to engage critical stakeholders in the process of drafting a new policy and supplementary procedures to support our trans and non-binary colleagues and patients. This
The previous policy and procedure have been replaced with a statement of support and signposting to the Inclusion Team where specific advice and guidance can be obtained. Work is continuing through the steering group on the new policy and procedures, which will be aligned to any subsequent guidance from NHS England and the EHRC.
What do we need from you?
We understand that competing rights exist, and it is important that these are balanced. UHB is committed to fostering a safe and inclusive environment where everyone can thrive and bring their whole selves to work. We recognise all protected characteristics, and it is essential that we acknowledge and celebrate our differences. That is our ethical and moral obligation to each other.
As an organisation we are legally required to comply with our statutory and regulatory obligations. It remains the law that workplaces must provide sufficient staff only, single sex changing and washing facilities, and this was clarified by the recent judgement to be on the basis of biological sex. This means that colleagues when accessing single-sex facilities are to use the facilities that aligns with their biological sex.
Across the organisation there are several single occupancy staff toilet facilities that can be used by all colleagues. There is currently an audit of these facilities, and we will provide a map of the site locations to support staff with their access.
We expect all colleagues to be kind and respectful towards one another and to live our values of Kind, Connected and Bold and within our Behavioural Framework.
Support available to you
We acknowledge that this has been a difficult time for many colleagues and would like to take the opportunity to remind you of the support available to you.
The UHBeProud Staff Network has arranged a series of extraordinary sessions to support colleagues across the organisation.
A range of online and in-person sessions will be held on the following dates:
Wednesday 4 June, 11:00-12:00
Thursday 12 June, 14:00-15:00
Tuesday 17 June, 12:00-13:00 – Routine scheduled meeting
Monday 23 June, 16:00-17:00
Tuesday 1 July, 12:00-13:00
Wednesday 9 July, 10:00-11:00
Thursday 17 July, 12:00-13:00 – Routine scheduled meeting
Friday 25 July, 11:30-12:30