FOI 25-101 Changing Facilities in line with the Equality Act 2010

Freedom of Information Request

Reference
FOI 25-101 Changing Facilities in line with the Equality Act 2010
Request Date
26 Feb 2025
Response Date
25 Mar 2025
Information Requested
  • In terms of the Board’s obligations under the Equality Act 2010 to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment, I ask the Board to provide me with a copy of the Board’s current policy on the provision of changing facilities for staff 
  • details on what steps have been taken by the Board to ensure that the rights of different groups are balanced in the application of these policies 
  • details on how the Board has implemented obligations, and brought these to the attention of all staff, under the Workplace (Health, Safety and Welfare) Regulations 1992 which state that changing facilities will not be suitable “unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety” 
  • a copy of the Board’s Equality and Diversity Impact Assessment on the policy covering the provision of changing facilities for staff and including the obligations under the Workplace (Health, Safety and Welfare) Regulations 1992 
Response

In terms of the Board’s obligations under the Equality Act 2010 to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment, I ask the Board to provide me with a copy of the Board’s current policy on the provision of changing facilities for staff 

  

The Scottish Ambulance Service’s Board does not currently have a distinct SAS policy on the provision of changing facilities. The Scottish Ambulance Service operates in line with the guidelines set out by NHS Scotland in the NHS Workforce Policy – “Equality, Diversity and Inclusion”   

  

 

Details on what steps have been taken by the Board to ensure that the rights of different groups 

are balanced in the application of these policies 

  

The Scottish Ambulance Service (SAS) is committed to leading and promoting equality and diversity, equal opportunities and supporting human rights in terms of the provision of health services for the community it serves and in its practice as an exemplar employer. The Scottish Ambulance Service Board adheres to the NHS Scotland ‘Once for Scotland’ workforce policy guidance.   

 

 

As per the guidance, the Scottish Ambulance Service, as an employer of staff with protected characteristics under the Equality Act 2010, must ensure that people are not discriminated against or disadvantaged by service delivery or prejudice of SAS’s employees, other patients or the public.  Each person will have different needs and as such, a person-centred approach will be taken. 

The NHS Scotland guidance applies to all SAS employees. Staff will be expected to comply with the guidance at all times and positively challenge colleagues and users of the Service who act in a manner that breaches the legal aspects of SAS’s responsibilities.  

 

Details on how the Board has implemented obligations, and brought these to the attention of all staff, under the Workplace (Health, Safety and Welfare) Regulations 1992 which state that changing facilities will not be suitable “unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety” 

The Health, Safety and Welfare Regulations 1992 cover a wide range of regulations. We are confident that we are meeting our obligations under these regulations. However, Regulation 20 (c) states ‘separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside’.  As an employer, we are continuing to monitor any developments in case law. 

The Scottish Ambulance Service are continuing to implement mandatory Equality, Diversity and Inclusion training across our organisation to ensure staff are aware of our obligations under the Equality Act 2010; this training includes information on all protected characteristics.  In addition, SAS are currently reviewing the guidance and associated Equality Impact Assessment but consider that SAS’s current position balances the needs of individuals with protected characteristics and other staff within our organisation. 

A copy of the Board’s Equality and Diversity Impact Assessment on the policy covering the provision of changing facilities for staff and including the obligations under the Workplace (Health, Safety and Welfare) Regulations 1992 

  

The Scottish Ambulance Service’s Equality and Diversity Impact Assessment is currently under review.

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