Tribunal to resume between NHS nurse Sandie Peggie and trans doctor over changing room row

An employment tribunal between NHS Fife nurse Sandie Peggie and transgender doctor Dr Beth Upton over the use of changing rooms is resuming in Dundee, Scotland. 

Nurse Peggie launched an employment tribunal after she was suspended last year for objecting to Dr Upton using the women’s changing rooms at the A&E at Victoria Hospital in Kirkcaldy, Fife. 

Peggie claimed that she felt “embarrassed and intimidated” by Dr Upton using the changing room that aligned with her gender, despite her having the right to do so.

Peggie claims that her treatment was unlawful, citing the 2010 Equality Act, and has brought a case against the health board and Dr Upton. The board argues that they complied with NHS policy when Peggie was placed on “special leave” without an investigation

During the incident on Christmas Eve in 2023, the two reportedly “exchanged words”, though according to the BBC, accounts of their conversation differ, with Dr Upton then reaching out to NHS Fife for support. 

Peggie was subsequently suspended from January 2024 until April 2024, going on to take NHS Fife and Dr Upton to an employment tribunal, claiming that she was harassed.

NHS Fife rejected this claim, damning her decision to take legal action as “both unnecessary and vexatious.”

Dr Upton has in turn accused the nurse of bullying and harassment.

“I’m not interested in vengeance and I’m not interested in retribution – I’m interested in justice,” the doctor told the tribunal. “Trans people are not predators by nature of being themselves.”

During the tribunal, which sat for 10 days in February and was adjourned until now, Judge Sandy Kemp ruled that Peggie could misgender Dr Upton throughout the tribunal, adding that misgendering does not constitute harassment. 

A separate disciplinary hearing, originally scheduled for February, was postponed by Peggie’s legal team. She is facing allegations of misconduct, failures of patient care and misgendering Dr Upton, which Peggie denies. 

The hearing has reportedly taken place, but the outcome is yet to be made public. Peggie is being represented by the gender-critical group Sex Matters’ chair, Naomi Cunningham, as per the website.

It comes after the UK Supreme Court ruled in April this year on the legal definition of a woman, which excludes trans women. 

Gender-critical group For Women Scotland brought the landmark case forward against the Scottish government as a direct challenge to a previous ruling, which found that sex is not limited to biology.

If this story has affected you, call Mindline Trans+ on Fridays 8 pm-11 pm on 0300 330 5468. For emotional support, Mindline is available 24/7 on 01823 276 892.

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