PA MediaA transgender doctor was left feeling “distressed” and “afraid” after being told by a nurse not to use the women’s changing rooms at work, an employment tribunal has heard.
Dr Beth Upton – a trans woman – described being confronted by Sandie Peggie on Christmas Eve 2023, who was said to have stated that “a man couldn’t be in the changing room” at Victoria Hospital in Kirkcaldy.
Dr Upton told the tribunal the incident was “quite scary”.
Ms Peggie was suspended by NHS Fife in January 2024 pending an investigation after she argued that sharing the changing room with Dr Upton amounted to unlawful harassment under the Equality Act.
Dr Uptons began gender transition in January 2022, uses the pronouns she/her, and had been “fully out in all aspects of my life” since August 2022, including at work.
The medic said an NHS manager had agreed that “as my identity is as a woman, that I should use the women’s changing facilities.”
Dr Upton said there had been three previous incidents with Ms Peggie where the nurse indicated that “she didn’t want to be in the same space I was in”, before being confronted by her on Christmas Eve.
Dr Upton had completed a shift and went to the changing rooms with two colleagues, before Ms Peggie later walked in.
After the other staff members left the room, Ms Peggie said it was “inappropriate” for Dr Upton to be in the women’s changing room and that she felt intimidated as a result.
Ms Peggie then made a remark which Dr Upton took to be a comparison to the case of Isla Bryson, a transgender rapist who attacked two women while known as Adam Graham and was initially remanded to a women’s prison.
Dr Upton told the tribunal that Ms Peggie had also “asked me what my chromosomes were” and that other staff members were also uncomfortable with the doctor using the female changing room.
Dr Upton added: “I felt really distressed, really awful. I’ve never had somebody say things like that to me before.”
Sex MattersDr Upton said the comments from Ms Peggie were “very hurtful” and based on “misinformation” about trans people and that her comments had been hurtful and demeaning”.
The doctor added: “It was deeply uncomfortable and upsetting to have somebody saying such unpleasant and accusatory things to you. I felt unsafe and upset.”
After the incident Dr Upton burst into tears before speaking to a senior colleague, who had been understanding and offered support.
The doctor returned to work on 28 December, but was “quite anxious and nervous” about doing so due to the incident with Ms Peggie.
Dr Upton had planned to arrive at work with a female colleague, but the colleague was late due to problems with trains.
Dr Upton therefore went into the changing room alone – before Ms Peggie walked out of a cubicle.
The doctor immediately left and “took refuge” in the hospital plaster room, where crutches and other physio equipment is held, before getting changed in a bathroom.
Dr Upton later spoke to a senior colleague and reported being bullied for being trans.
It was agreed that the incident would be recorded on the NHS’s Datix system, which is used by staff to raise concerns.
Behaviour could ‘impact care’
It was also agreed that Dr Upton would draft a separate complaint about the incident on Christmas Eve.
Dr Upton said previous incidents with Ms Peggie had escalated to a stage where it “had the potential to impact care” of patients.
Dr Upton cited an incident on 18 December, where a young child was brought in.
The tribunal was told Ms Peggie refused to acknowledge or look at Dr Upton when discussing the patient.
Dr Upton said: “You need to be able to talk to each other, to communicate with each other. You need to be able to rely on the people in your team.
“It makes doing my job very difficult and impacts the patient’s overall care.”
The doctor described earlier incidents where Ms Peggie had left the changing room when Dr Upton entered.
This left Dr Upton feeling “saddened” and “unfairly judged”, but not wanting to put in a formal complaint to avoid making a fuss.
The doctor’s gender identity had otherwise been “respected” by colleagues, the tribunal was told.
The tribunal continues.
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