Dr Beth Upton leaves NHS after conclusion of Sandie Peggie tribunal

Dr Beth Upton, the trans doctor at the centre of a high-profile tribunal brought by a nurse who complained about sharing a women’s changing room with her, has since left the NHS.

Both Dr Upton and the NHS board she worked for, NHS Fife, were taken to an employment tribunal by nurse of 30 years Sandie Peggie, who was supported in her case by gender-critical group Sex Matters.

Peggie claimed she suffered harassment after she was suspended for objecting to Dr Upton using the women’s changing rooms at the A&E at Victoria Hospital in Kirkcaldy, Fife on Christmas Eve 2023.

The incident saw Peggie and Dr Upton “exchange words”, which were said to include Peggie using derogatory terms and asking offensive and inappropriate questions of Dr Upton.

Following the incident, Peggie was placed on special leave in January 2024.

In turn, Dr Upton made an allegation of bullying and harassment about Peggie.

In December, Peggie’s claims against Dr Upton were dismissed but the employment tribunal did rule that the health board harassed her.

NHS Fife has since confirmed that Dr Upton has left the NHS.

“As this is a personal employment matter, we will be making no further comment,” a spokesperson told the BBC.

In the tribunal, which was held in public and allowed Peggie to misgender Dr Upton throughout, the nurse cited the Equality Act 2010 including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.

NHS Fife said it followed NHS policy on the matter and Peggie’s decision to take legal action was “both unnecessary and vexatious”.

When the judgement was handed down, Peggie’s harassment claims again NHS Fife were upheld. However, several of her claims were dismissed, including allegations of discrimination, indirect discrimination and victimisation and all of her claims against Dr Upton.

Despite stating following the outcome of the tribunal that she was “beyond relieved and delighted” that NHS Fife was found to have harassed her, Peggie subsequently announced she and her legal team would appeal.

“I am not a campaigner and had never heard of the phrase ‘gender critical’ when I first raised complaints over two years ago about my employer’s decision to allow men into female-only changing rooms,” Peggie said at a press conference in Dundee.

“I just knew instinctively that it wasn’t right that women were expected to undress in front of men in private spaces and I still believe this to be the case.”

“Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement I believe falls short in many respects and that is why I certainly won’t be giving up this legal fight any time soon,” Peggie added.

Her solicitor, Margaret Gribbon, said the findings of the tribunal were “problematic”.

Gribbon said: “The judgement places responsibility on female employees to raise complaints if they feel uncomfortable about sharing single sex spaces with men.

“This ignores industrial realities. When Sandie objected, she was suspended, subjected to an unreasonably lengthy disciplinary investigation and falsely accused of patient care concerns.

“It then emerged during the hearing that FHB then embarked on an archaeological dig to find material to discredit her.”