Nurse denies using offensive terms about transwoman doctor – tribunal

A nurse who was suspended after complaining about a transwoman doctor using a female changing room insisted she had never used the word “rapist” or made a comment about “chromosomes”, a tribunal heard.

Sandie Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Beth Upton, a transwoman, using the female changing room in the A&E department on Christmas Eve 2023.

Ms Peggie, who began working for the Fife Health Board in 1994, raised concerns after Dr Upton used the same changing room on three occasions in 2023, prompting her to leave.

She said she had “very little” interaction with Dr Upton, whom she met in August 2023, and said: “He looked male. He had his hair in a ponytail and a receding hairline and Adam’s apple.”

Ms Peggie said colleagues, including a female consultant and a male health worker shared her concerns, and a manager said, “I’ll get it sorted”.

The employment tribunal in Dundee heard after an incident on Christmas Eve 2023, Ms Peggie was suspended in January 2024 without explanation, which was extended on February 2.

She learnt of the allegations at the end of February, but her suspension was “reinstated” in April after her solicitor asked that Dr Upton should not be allowed to use the female changing rooms.

She returned to work but the investigation continued into October, and Ms Peggie said she “felt they were postponing my suspension to try to make things difficult for me returning”, a court heard.

Ms Peggie has lodged a claim against Fife Health Board and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.

On Monday, Ms Peggie said she did not believe the incident on Christmas Eve was a “confrontation” and denied the “offensive language” referred to.

Giving evidence, Ms Peggie said: “I didn’t unexpectedly stop Beth as I was already in the area waiting to go into the toilet.

“I never used any offensive language. I don’t recall using the word chromosomes. I never mentioned the word rapist. I don’t recall anything being said about mediators. I didn’t feel there was any aggression or confrontation.”

She told the tribunal that on March 7 a meeting was held about returning and she said that she “wouldn’t have a problem” that Dr Upton was still working on the ward – however, it was suggested she move, and Ms Peggie said that called the hospital at the end of March and was told her shift patterns had changed.

Giving evidence, Ms Peggie said her solicitor requested she move back onto night shifts, and that Dr Upton should be not allowed to use the changing rooms, however, both were denied by the NHS, and her suspension was “reinstated”, the court heard.

Ms Peggie said she felt attempts were made to make it “difficult” for her to return to work, and the investigation finished in October.

Giving evidence, Ms Peggie said she had used the female changing room since 2012 and it had a sign on the door saying “women only”, and had told managers that it “wouldn’t be fair” to use an alternative.

Ms Peggie said, in August 2023, she entered the changing room but left as she was “uncomfortable” seeing Dr Upton, and added: “I was upset he was being allowed to use the changing rooms.”

She said she felt “embarrassed” to find Dr Upton in the female changing room again a few months later, and spoke to her manager who said she she “would get it sorted”, and sought advice from the equality and diversity department.

On Monday, Ms Peggie’s barrister, Naomi Cunningham, made an application to allow Dr Upton’s “dead name” to be referred to from General Medical Council lists but the judge deferred a decision, after a previous legal battle allowed the claimant to refer to Dr Upton as a man.

In cross-examination, Ms Peggie said she felt “flustered” when Dr Upton entered and a statement from her interview on March 7 said she found it “intimidating”.

Giving evidence, Ms Peggie suggested allegations made by another member of staff, that she would leave a clinical care environment when Dr Upton entered it, risking patient safety, was “Beth making them up”.

She told the tribunal: “I don’t have a problem with Beth. I just have a problem with her coming into the female changing room.”

Ms Peggie denied she had “discriminated” or “harassed” Dr Upton, and said: “I agree Beth has a good reputation for caring for patients.”

Barrister Jane Russell, representing NHS Fife and Dr Upton, said: “What you have complained about is Dr Upton’s mere presence in the changing room, not anything she said or did.”

Ms Peggie said: “That’s right.”

Asked about an occasion on October 25 2023 when she left the changing room, and waited for Dr Upton to leave, Ms Peggie said she felt “flustered”.

Ms Russell said: “There’s certainly no physical abuse or harassment of you.”

Ms Peggie said: “That’s correct.”

Ms Russell said alternatives were offered, however, Ms Peggie said: “I told them that it wouldn’t be fair for me to get moved. It was more than just me that was uncomfortable getting changed in front of a man.”

The tribunal continues.