An NHS diversity department has said that a transgender doctor had a “right” to use a female changing room.
Nurse Sandie Peggie flagged her initial concerns with NHS Fife bosses after Beth Upton - born a biological man but now identifies as a woman - used a female changing room at Victoria Hospital in Kirkcaldy.
Peggie, 50, complained to a clinical nurse manager who said she was aware that Upton was a transgender woman but had not thought about which changing rooms the doctor was meant to use, the tribunal heard.
Peggie’s line manager Esther Davidson said that she received advice from an NHS equality and diversity department which subsequently told her “that Beth had a right to use the female changing room as she was a transgender woman and identified as a woman”.
Davidson explained that Peggie was “upset” when she was told Upton would be allowed to continue using the female changing room
PA
Following this guidance, Davidson claimed that Peggie was “upset” when she was told Upton would be allowed to continue using the female changing room.
Later, Peggie was suspended from her job for alleged “bullying and harassment” when she confronted Upton in December 2023 for using the female-only changing room.
Last week, the transgender doctor said that they were not male and argued that sex had “no defined or agreed meaning in science”, declaring: “I’m biologically female.”
After she was suspended, Peggie challenged NHS Fife and Upton, taking both parties to the employment tribunal.
LATEST DEVELOPMENTS:
- Patrick Christys baffled as guest repeatedly dodges probe in defence of people identifying as llamas: 'At least answer ONE question!'
- CEO of female-only app paid $10,000 in ‘surreal’ legal battle over trans row for LAUGHING at meme: ‘Insane!’
- Man who identifies as trans woman accused of raping schoolgirl under 13 and sexually assaulting young boy
Giving evidence in Dundee, Peggie’s line manager Davidson said that she was removed from an investigation into the matter at the end of February last year when she became a witness for the court.
Davidson told the court that she was aware of claims that Peggie would refuse to engage with Upton during shifts together in the hospital’s A&E department - which led to worries of “some patient safety issues”.
Davidson told the court: “I made the decision to suspend Sandie on a temp basis with the hope that investigation could happen quite quickly.
“The allegations that were made could have been perceived to be harassment and bullying and to interfere with patient care and patient safety. I didn’t want Sandie to be put in a situation with another incident.”
Most of Upton's face was hidden when they attended the employment tribunal
PA
When she told Peggie of her suspension, the nurse was described as “shaking” and “tense”.
Davidson said that the managers had only heard Upton’s account of the incident and confirmed that she has never once had to be involved in a formal investigation in her 30 years of work.
Peggie’s lawyer Naomi Cunningham explained that the nurse’s issue with Upton changing in a room that was a female-designated space was rooted in sexual abuse Peggie endured at the age of 17.
Davidson said that it was not “unreasonable” to believe that the nurse would be “upset” by the circumstance, highlighting that other changing facilities were available at the hospital.
The tribunal continues.
