Trans led advocacy group to intervene in NHS Fife changing room tribunal

TransLucent has made formal submissions to the tribunal concerning the applicable legislation governing staff use of bathrooms and changing rooms in workplaces, with the aim of ensuring that everyone is treated lawfully, respectfully, and with dignity at work.

In August 2025, TransLucent instructed employment lawyers Bethany Eldon-Kerr and Kate Robinson from law firm Leigh Day to apply to make a formal intervention in the tribunal.  

On Friday 29 August 2025, the tribunal granted permission for the intervention to go ahead. 

TransLucent’s submissions to the tribunal focuses on the Workplace (Health, Safety and Welfare) Regulations 1992, which govern the provision of sanitary conveniences, washing facilities, and changing rooms in workplaces. These regulations state that separate facilities should be provided for men and women, but do not define either term. 

Translucent is arguing that, as the 1992 Regulations implement an EU Directive, EU case law remains applicable despite Brexit, and that EU Case law establishes that individuals with the protected characteristic of gender reassignment (trans people) must be treated in accordance with their affirmed gender, irrespective of whether they hold a Gender Recognition Certificate.

TransLucent says it is deeply concerned about the increasing exclusion of trans people from workplaces and public facilities particularly following the Supreme Court judgment in For Women Scotland v Scottish Ministers. In its submissions, TransLucent highlights the need to properly engage with relevant European and human rights law and to adequately listen to trans voices. 

Following the For Women Scotland judgment, the trans advocacy group is concerned that some employers are failing to comply with the Workplace (Health, Safety and Welfare) Regulations 1992, unlawfully denying trans people access to sanitary and changing facilities in line with their affirmed gender.  

TransLucent CEO Steph Richards said: 

 “Trans human rights have taken several steps backwards in recent times.  By intervening in this important legal case, we hope to ensure that the rights of the trans community are properly considered and protected.” 

Leigh Day solicitor Bethany Eldon-Kerr said: 

“Everyone deserves to be treated with dignity and respect at work. 

“We are representing TransLucent as it seeks to ensure that trans voices are heard in a case which is likely to have significant implications. 

“Where recent case law has been confusing for many employers, this intervention ensures that the employment tribunal is directed to the correct statutory framework governing access to gendered workplace facilities.” 

Also instructed on this intervention are Robin White of Old Square Chambers and Oscar Davies of Garden Court Chambers.