The law on workplace changing rooms is clear

efore, as a matter of UK law, Dr Upton is a man for all legal purposes, including the Equality Act 2010 and the 1992 Regulations. 

The 1992 Regulations are strict. There is no flex in them. NHS Fife is under an obligation to provide separate male and female changing facilities for staff. Providing a changing facility labelled “female only” while engaging in a practice of allowing a man to use it is not providing separate male and female changing facilities. 

 This is clear as a matter of law. What remains to be determined is whether the failure to provide a female-only changing room and the use of purportedly female-only facilities by Dr Upton constitute unlawful harassment and discrimination against Ms Peggie. I’ve written elsewhere about those legal questions, for those who are interested.