NHS Trust bosses tell transgender staff they can still use women-only toilets despite Supreme Court ruling on single-sex spaces

Published: 18:27, 8 August 2026 | Updated: 18:27, 8 August 2026 Women working at a major NHS Trust say they feel 'intimidated' after its leaders told trans staff they can still use women's toilets and facilities. In spite of clear guidance on single sex spaces which came into force on Wednesday, the Midlands Partnership University NHS Foundation Trust (MPFT), which serves 1.7 million people and employs over 10,500 staff, said there would 'no immediate changes' to its policies. The Equality and Human Rights Commission (EHRC)'s new code of practice which reinforces the landmark Supreme Court ruling that sex in equality law means biological sex not gender identity rules that organisations must provide single sex spaces reflecting that. It says that only providing mixed sex facilities could amount to direct or indirect discrimination against women or lead to unlawful harassment. But in an email to staff when the ruling finally came into force 18 months after the Supreme Court judgment, the Trust, which covers a geographic area of 2400 square miles and provides nationwide services, instead reassured trans staff it 'stood by them' while failing to mention female staff. It means trans staff can still use facilities like toilets and changing rooms which should now be only open to women based on their biological sex. Meanwhile trans patients will still be allowed on to single sex wards under the Trust's Trans Inclusion and Single Sex Accommodation policies according to their gender identity rather than biological sex. The trust told staff it is awaiting further guidance from NHS England. However, the EHRC guidance is clear that single-sex services must be provided based on biological sex. It says transgender people should use facilities intended for their biological sex or separate or mixed sex alternatives. Women working at a major NHS Trust say they feel 'intimidated' after its leaders told trans staff they can still use women's toilets and facilities. Pictured: Leek Moorlands Hospital, part of the Midlands Partnership University NHS Foundation Trust Pictured: Haywood hospital, part of the Midlands Partnership University NHS Foundation Trust In its email to staff, the Trust said: 'We understand this may be a difficult and anxiety-provoking time for our trans, non-binary and gender-diverse colleagues, service users and communities, and we want to reassure you that we stand by you and remain committed to being an inclusive organisation.' A female member of staff at the Trust told today's Telegraph that women were upset by the email but that it was not 'safe' to raise it because it was 'signed by all the top people at the trust'. They said: 'The email lists a range of groups that the Trust stands by, but there is no mention of women or people who think sex matters.' Terry Stock, a public governor at MPFT, who has repeatedly challenged the Trust's policies, said he was disappointed but unsurprised and accused the Trust of being 'ideologically captured' and of showing 'a complete disregard for women's privacy, dignity and safety'. The Trust agreed in April 2025 to examine the lawfulness of its policies. However, a freedom of information response confirmed in June that the policies and guidance were unchanged. Meanwhile other organisations look set to flout the new code of practice with at least three councils going ahead with £50m of leisure centre projects with mixed changing rooms after the Supreme Court ruling. An EHRC spokesman said health bodies and employers should be following the law and 'updating their policies if needed' and could face 'enforcement action where it is proportionate and necessary'. A Trust spokesman said the Trust accepted the Supreme Court judgment but would be 'implementing the EHRC Code of Practice through a structured implementation programme'. NHS England says updated policies will be published 'shortly'.