The document — a copy of which has been obtained by The Herald — tells staff they can use “the toilet facilities that align with their gender identity” rather than their biological sex, even if they do not have a gender recognition certificate.

This means that an individual who is both biologically and legally male can access toilets and changing rooms designated for females.

The institution accepts this means all facilities will effectively become mixed-sex.

The policy could put them in breach of health and safety regulations, which state that public bodies are legally required to provide single-sex services and spaces.

Scottish Conservative shadow minister for equalities Tess White said it was the “latest example of the SNP’s reckless gender self-ID policy being embedded in Scotland’s institutions, at the expense of the legal rights and safety of women.”

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There is renewed scrutiny of the policies and practices adopted by public bodies following the employment tribunal of Sandie Peggie, a nurse who was suspended by NHS Fife after complaining about a trans woman doctor using the female changing room.

Last month, following the first two weeks of evidence in her legal battle, the Equality and Human Rights Commission (EHRC) wrote to Health Secretary Neil Gray to remind him of the need for health bodies in Scotland to “have an accurate understanding of the operation of the Equality Act 2010 as it relates to the provision of single-sex services and spaces.”

This includes how it interacts with 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 University’s policy states that it is “committed to providing appropriate facilities for its staff” and that “this includes suitable male, female and gender-neutral facilities across our campuses, new buildings and refurbishments, where possible."

It then goes on to say that “all staff can use the toilet facilities that align with their gender identity where appropriate facilities are available, including gender neutral/individual spaces.”

An equality impact assessment carried out ahead of the new policy taking effect late last month states that, “as a matter of law, access to facilities on the basis of gender identity makes those facilities mixed-sex rather than single-sex facilities.”

It then goes on to say the University will “mitigate this risk by providing single-occupancy toilet facilities throughout our estate, alongside more open and/or mixed options.”

The assessment also states that the University does not “anticipate material negative impacts” on women or on those whose religious beliefs prohibit them from sharing facilities with the opposite sex.

However, it then goes on to say there might be a “perceived negative impact” from the policy “on males and, possibly to a greater extent, females who may have privacy or safety concerns about sharing certain facilities with someone of the opposite sex, where these facilities are provided on a mixed-sex basis, and that this may discourage them from using such facilities.”

(Image: The Herald) Edinburgh UniversityFiona McAnena, director of campaigns at human-rights charity Sex Matters told The Herald: "Here is yet another public sector organisation, Edinburgh University, putting itself at risk by ignoring the 1992 regulations which make it perfectly clear that single-sex facilities must be provided in workplaces.

"Nothing in the Equality Act changes that fact.

"What will it take for organisations to take seriously their legal responsibility to provide safety and dignity to female staff, and students in this case, through the provision of separate-sex facilities?

"Women and men have separate toilets and changing rooms for good reason. The leadership of Edinburgh University should stop listening to activists and fulfil its legal obligations."

Ms White said: “It is simply unacceptable that female staff and students at the University of Edinburgh do not have guaranteed single-sex facilities available to them.

“This is just the latest example of the SNP’s reckless gender self-ID policy being embedded in Scotland’s institutions, at the expense of the legal rights and safety of women.

“This is exactly why the Scottish Conservatives are holding a debate at Holyrood on Wednesday calling on SNP ministers to give clear and firm direction to public institutions and civic Scotland that the rights of male-bodied individuals must not transcend those of biological women.”

A University of Edinburgh spokesperson said: “We take our responsibilities to our staff and students seriously and keep our policies under review to ensure they are in line with our wide range of obligations. We are committed to providing appropriate facilities for all staff and students across our estate.”

According to the equality impact assessment, the only staff body involved in the review of the existing policy was the Staff Pride Network.

Last year, they said trans academics at the university were being "subjected to anti-trans rhetoric in the workplace" and that their complaints to senior management were either "denied or ignored."

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Katie Nicoll Baines, a geneticist who is a feminist activist and co-chairs the network, told The Times that gender-critical colleagues were to blame for what she called a “growing culture of hostility”.

At the time, the university said they were “saddened by reports that some colleagues feel uncomfortable in our community.”

Protestors blockade screening of Adult Human Female

Edinburgh was at the centre of a freedom of speech row in 2022 years ago after protesters sought to prevent the screening of the gender-critical documentary Adult Human Female.

Two screenings were cancelled after activists blocked the venue. The film was finally shown in 2023.

Last month, the University's Principal told staff they were facing a £140m black hole, and that job cuts would be likely.

Edinburgh University

NHS Fife

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