'I'm biologically female!' Trans NHS doctor adamant trans women have right to get changed in front of female colleagues

It comes amid a landmark case where Sandie Peggie, a female nurse claimed she faced harassment as the result of being forced to share female changing rooms with the A&E doctor at Victoria Hospital in Fife, Scotland.

Dr Upton suggested that colleagues uncomfortable with a trans women using female-only spaces held "misinformed, biased, unpleasant or bigoted" views.

The tribunal heard Dr Upton had been given permission to use the women’s changing rooms at the hospital by a manager and continued to use them after noticing in August 2023 that Peggie appeared uncomfortable with sharing.

On the third occasion on which the pair met in the changing rooms, on Christmas Eve that year, there was a confrontation provoked by Peggie.

That led to Dr Upton making a formal complaint and the nurse being suspended from work and investigated for bullying.

Dr Upton said some colleagues might have felt uncomfortable with women’s facilities being used by a transgender person, however that "doesn’t automatically override a trans person’s right to access the changing room that aligns with their gender identity."

The 30-year-old told the tribunal: "As a trans person, I’m aware that people hold misinformed, biased, unpleasant, bigoted or transphobic views about trans people. It’s possible I work with some people who hold those views, and they may be unhappy.

"Those people may be opposed to the inclusion of trans people. Why they might be uncomfortable with me is up to them. I would disagree that I am male."

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In tense exchanges at the tribunal with Peggie's lawyer Naomi Cunningham the doctor repeated the claim of being female.

Cunningham said: "You say you’re a trans woman. It follows that you’re not someone who has a biologically female body?"

Dr Upton responded: "The term biologically female or biologically male is completely nebulous. It has no defined or agreed meaning in science, as far as I’m aware.

"I’m not a robot, so I am biological and my identity is female. Without wanting to appeal to the dictionary too much, I’m biologically female."

Cunningham questioned Dr Upton about how a female would be defined, proposing a hypothetical large-bearded character called "Pete" who appeared to be male in all respects but said that they were a “gender non-conforming woman".

The doctor dodged the question, saying the example was "frankly unbelievable", adding: “As someone who lives in a transphobic society, I accept there are unfortunately and sadly prejudices, a lack of willingness to explore variety and the spectrum that is gender and gender expression."

She added: "Society is not yet at the stage where it understands gender in a more general, more messy way. What all trans people want is to be treated with respect, dignity, and [to] be safe.

"If Pete is a gender non-conforming woman, she may wish to use the women’s changing room. She may feel unable to, she may feel open to discussions with her workplace about whether or not that’s appropriate."

Peggie has admitted raising the case with Dr Upton of Isla Bryson, the transgender rapist who was initially placed in a woman’s jail.

However, she claimed she had been trying to make a general point about males in women’s spaces, rather than implying that Dr Upton was a rapist.

The tribunal continues.