Transgender doctor ‘continued to use female changing rooms after row’ – tribunal

A transgender doc continued to usage pistillate changing rooms aft an incidental with a pistillate caregiver who objected and said “I decided to enactment my large miss pants connected and beryllium brave”, an employment tribunal has heard.

Nurse Sandie Peggie, who has worked astatine the Victoria Hospital successful Kirkcaldy, Fife, for 30 years, took the Fife Health Board and Dr Beth Upton to tribunal aft being suspended pursuing an incidental connected Christmas Eve 2023 successful the pistillate changing rooms.

Ms Peggie, known arsenic the claimant, lodged a ailment of intersexual harassment oregon harassment related to a protected content nether Section 26 of the Equality Act 2010 regarding 3 incidents erstwhile they shared a changing room: indirect harassment, victimisation, and whistleblowing.

That came aft she was suspended successful January 2024 pursuing Dr Upton making an allegation of bullying and harassment.

Ms Peggie is represented by barrister Naomi Cunningham astatine a tribunal successful Dundee.

Dr Upton gave grounds connected Tuesday astir concerns regarding a adjacent displacement connected December 28 wherever Ms Peggie was scheduled to beryllium working, and astir an allegation regarding diligent information connected December 18, and said: “I’m not making things up.”

The tribunal heard that Dr Upton sent a connection to enactment manager Dr Kate Searle successful the aboriginal hours of Christmas Day saying, “I don’t consciousness harmless utilizing the changing rooms erstwhile she’s there”, but utilized the pistillate changing rooms connected December 28, erstwhile Ms Peggie was present.

An email sent by Dr Upton to the British Medical Association (BMA) connected Boxing Day read: “I consciousness utterly unsocial successful this concern arsenic my superiors person yet to respond”, the tribunal heard.

What Sandie Peggie has done by withdrawing from changing country erstwhile you were determination is opted retired of immersive relation play. That's wherefore you were aggravated with her

Naomi Cunningham, representing Peggie

Ms Cunningham said: “On Christmas Eve you stood your crushed and said you were entitled to beryllium successful the changing rooms, a fewer hours aboriginal you consciousness definite you don’t consciousness harmless erstwhile she’s determination but connected December 28, determine to usage changing country anyway.”

Dr Upton said: “In the aboriginal hours of Christmas greeting I was freaking retired and trying to deliberation of ways I could support myself harmless from further hostility … I thought I would enactment my large miss pants connected and beryllium brave.

“Unfortunately I wasn’t arsenic brave arsenic I thought I was and went to the plaster country successful my socks.”

The tribunal heard that Dr Upton utilized the changing country connected December 28.

A contemporaneous note-to-self from Dr Upton recorded concerns Ms Peggie “noticed”, however, the nurse’s ineligible squad said that successful her grounds Ms Peggie was “quite definite she didn’t spot you that day”, the tribunal heard.

Dr Upton said: “I reflected, and determined that I wasn’t consenting to fto someone’s bigoted outburst and unpleasantness halt maine being who I was. I decided I would look this hostility caput on.”

Regarding the incidental connected December 28, Ms Cunningham said: “I suggest the crushed you made this incidental up was thing had been done. This was an extraordinarily superior ailment against a colleague.”

Dr Upton said: “Your question is did I fabricate this? No, I didn’t fabricate it. I didn’t allege she had done thing isolated from announcement me.”

The tribunal heard Dr Upton’s allegations astir being “ignored” by Ms Peggie connected December 18 erstwhile a diligent near A&E without being seen, differed from the recollection of different idiosyncratic contiguous who said that Ms Peggie and Dr Upton had a conversation.

Dr Upton’s enactment said “on a nighttime displacement with SP arsenic accustomed not acknowledging my presence”, but Ms Cunningham said the different medic “recalled a speech betwixt you and Sandie”, the tribunal heard.

Ms Cunningham asked if the incidental connected December 18 was “more extreme” than others logged by Dr Upton since August 26 2023.

Dr Upton said: “Yes due to the fact that it progressive a diligent I had work for.”

Giving evidence, Dr Upton said: “I’m not hostile towards the claimant astatine all. I’m upset astatine the mode I’ve been treated arsenic a effect of her actions. So no, I haven’t been making things up.”

Ms Cunningham said: “What Sandie Peggie has done by withdrawing from changing country erstwhile you were determination is opted retired of immersive relation play. That’s wherefore you were aggravated with her.”

She added: “I privation to suggest that the crushed it’s not acceptable to you for 1 workfellow to opt out, is the information that 1 dependable telling the information volition interruption its spell. It’s similar the kid successful the Emperor’s New Clothes. That 1 dependable saying you’re a antheral volition interruption the spell.”

Dr Upton said: “There is nary immersive relation play. I’m not acrophobic astir an Emperor’s New Clothes moment. I’m asking each colleagues to dainty maine with respect arsenic I dainty them. I’m not a man.

“Either way, I don’t request the outer validation to cognize who I am.”