Nurse suspended for refusing to share changing room with trans woman overthrows attempt to gag tribunal reporting

The health board and trans woman made formal applications for the case to be made private, keeping the names of those involved and the hospital department a secret.

However, the nurse, along with gender-critical campaign groups and media organisations including The Times, opposed gagging attempts at a hearing in November.

Judge Antonie Tinnion has ordered that all proceedings be public and the parties involved named.

It can now be revealed that the incident occurred at Victoria Hospital in Kirkcaldy, and the nurse taking action is Sandie Peggie, while the trans woman is Dr Beth Upton.

Tinnion, who used female pronouns for the accused, said although he understood Upton had fears about her trans status being disclosed, there was a need for open justice in this case.

He said: “There is already considerable — and the tribunal finds wholly legitimate — public interest in this case, with the BBC, The Times, other media and other campaigning groups wishing to attend the final hearing and be permitted to report it to their audiences.”

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He added that keeping Upton’s name anonymous would fetter the rights of press and campaigning groups to report on the case, as well as “the general public’s right to read and have access to that reporting involving an issue of public importance and legitimate debate on which significant sections of the public are likely to take an interest and have an opinion”.

Tinnion also noted that although Upton’s trans status was not public knowledge, her family, friends, employer, and several colleagues and patients already knew.

Peggie, who has been employed by the NHS for over 30 years, shared a changing room with Upton three times in 2023.

The two “exchanged words” in their final encounter on Christmas Eve but what was said is in dispute. Upton later complained about Peggie, leading to the nurse’s suspension in January last year.

NHS Fife has denied that Peggie was harassed by having to share a changing room with Upton. Her employer also called her decision to cite Upton as a respondent in the employment case “unnecessary and vexatious”.

Peggie made the argument that it was clear Upton was a man from her appearance.

Judge Timmon rejected this, saying “the tribunal does not find that looking at Dr Upton it is obvious that Dr Upton is a man”.

Peggie also said she was told to change in a cupboard if she felt uncomfortable.

The full employment tribunal will take place in February.