Police’s changing-room policy for trans officers ‘may be illegal’

Police Scotland have been warned they face sleepwalking into a legal battle like the one engulfing the NHS by allowing trans staff to use whatever changing room they wish.

Under the force’s policy, trans staff may use the changing ­facilities of whichever gender they choose to live as, regardless of whether they have undergone gender reassignment.

Police insiders say female officers are reluctant to ­challenge the policy after the force threatened disciplinary procedures against staff who act “unfairly” over the situation.

Scotland’s top gender law specialist, Naomi Cunningham, warned: “Police Scotland are sleepwalking into a mass harassment case with this policy.”

The lawyer, who has been representing NHS Fife nurse Sandie Peggie at an employment tribunal after she was suspended for questioning a trans doctor using a female changing room, added: “Indeed, Police Scotland are not the only public body to be promoting policies which treat women’s rights with open contempt and are at very real risk of creating an intimidating, hostile environment for female staff which could lead the way to a bulk claim.

“There is certainly a very respectable argument that policies like this are against the law.”

© Kenny Smith / DC Thomson

Official Police Scotland documents state “all staff are entitled to use toilet and changing facilities appropriate to the sex in which they are currently living, regardless of whether they undergo gender reassignment”.

Female officers fear being disciplined if they object, and say they are “horrified” Police Scotland are “captured by trans ideology to the detriment of female staff”.

The force’s policy states Police Scotland will “go beyond the requirements of the Equality Act 2010” to protect trans staff.

Police Scotland say they will issue “performance and conduct regulations and disciplinary procedures” if anyone is found to be acting “unfairly” over the issue.

Officers are also concerned that female staff are required to search trans prisoners, and that trans officers are able to strip-search women prisoners.

A police survey showed that under 1% of staff identify as trans.

Retired superintendent Cathy Larkman, who served with South Wales Police, said: “I’ve been speaking with officers in Scotland who are distressed and concerned about these policies.

“Women officers in particular fear intimidation and ­disciplinary proceedings if they speak up and protest, which is unacceptable.

“We used to call men intentionally exposing their genitals to women indecent exposure. We used to call men watching women undressing voyeurism. In the brave new world of 2025, we punish women for objecting to these behaviours.”

She added: “It’s deeply ironic Police Scotland tell us that they are the agency tackling male ­violence against women when they are hopelessly captured by trans ideology.”

David Kennedy, General Secretary of the Scottish Police Federation said: “Officers need designated changing rooms, not choose as you wish. Health and safety regulations are clear on this matter, and if anyone wishes to complain they should be able to do so without fear of retribution.

“If Police Scotland want to be politically correct, they should provide three separate changing facilities.”

Scottish Conservative shadow equalities minister Tess White MSP said: “The Equality and Human Rights Commission made it clear: Public bodies are legally required to provide ­single-sex services and spaces.

“This is exactly what we warned about when Nicola Sturgeon was pursuing her dangerous self-ID reforms.

“However, despite it not becoming law, the legacy of her dangerous plans remains embedded across Scotland’s public services, with women too scared to speak out for fear of being bullied or disciplined.”

A spokesperson for Police Scotland said: “This policy is being reviewed as part of our wider sex and gender review, which is ongoing.”