Transgender hospital doctor left 'upset and afraid' after 'demeaning' treatment by nurse

Doctor Beth Upton said she felt "unsafe" pursuing an incidental astatine Victoria Hospital successful Kirkcaldy, Fife, during which she was asked by a caregiver astir her chromosomes

A transgender doc was near feeling "upset and afraid" aft she was told by a caregiver she couldn't usage the women's changing rooms and inappropriately quizzed astir her chromosomes, a tribunal has heard.

Dr Beth Upton, who was calved a antheral but present identifies arsenic female, said the incidental happened astatine Victoria Hospital successful Kirkcaldy, Fife, successful Scotland, successful 2023.

The caregiver has taken the doc and a section wellness committee to tribunal, aft she was suspended pursuing the 2023 incident. She claimed unlawful harassment, but Dr Upton said that, during the Christmas Eve incident, Ms Peggie had bullied her for being trans by making "hurtful and demeaning" remarks, leaving her feeling "unsafe".

The doc said she felt the caregiver compared her to a transgender rapist and had told the doc "as a antheral [Dr Upton] couldn't beryllium successful the changing room", contempt NHS managers having agreed that she could usage the women's facilities. Dr Upton said: "As she understood it arsenic my individuality is arsenic a woman, that was enough, that I should usage the women's changing facilities."

The tribunal heard that Dr Upton, who began her sex modulation successful January 2022 and uses she/her pronouns, has been "fully retired successful each aspects of my life", but was told by Ms Peggie that "a antheral couldn't beryllium successful the changing room". The incidental was the 3rd of 3 during which Dr Upton said Ms Peggie, noticing her, near the women's changing country and stood outside.

The doc said she believed the caregiver had near the changing country arsenic she objected to sharing it with a trans woman. During the Christmas Eve incident, Dr Upton told the tribunal Ms Peggie started a speech erstwhile they were unsocial successful the changing room. Dr Upton said Ms Peggie had "asked maine what my chromosomes were", and indicated different infirmary unit were uncomfortable with her utilizing the pistillate changing room.

She said the nurse's questions were "hurtful and demeaning", adding: "It was profoundly uncomfortable and upsetting to person idiosyncratic saying specified unpleasant and accusatory things to you. I felt unsafe and upset." Dr Upton said the incidental connected Christmas Eve made her "anxious and nervous" astir being astatine enactment successful lawsuit she ran into Ms Peggie.

She told the tribunal she was near feeling "really distressed, truly awful", adding: "I've ne'er had idiosyncratic accidental things similar that to maine before." Dr Upton said she apologised to the caregiver for however she was feeling but told her "as a pistillate I'm allowed to usage these changing rooms", and said if Ms Peggie had a occupation with that she should rise it formally.

She continued: "She repeated that I can't beryllium successful this country and that I'm not a woman, that it's not safe, that she understood I was going done immoderate benignant of process but arsenic a antheral I couldn't beryllium successful the changing room. I responded to her that I'm not a antheral and that I tin beryllium successful this changing room."

Ms Peggie argued during the tribunal that sharing the changing country with Dr Upton amounted to unlawful harassment nether under conception 26 of the Equality Act 2010 and has claimed indirect harassment; victimisation; and whistleblowing pursuing her January 2024 suspension.

On Thursday, Ms Peggie’s parent Sheila Bell told the tribunal that, pursuing the incidental connected Christmas Day 2023, her girl did not look herself. Ms Bell said their narration was “very, precise close” and she recalled arriving astatine her daughter’s location astatine 2pm earlier the household exchanged presents and past had Christmas luncheon astir 3pm.

She told the tribunal Ms Peggie “didn’t privation to speech astir it connected Christmas Day”. Ms Bell misgendered Dr Upton aggregate times portion delivering testimony, referring to the pistillate doc arsenic a "he" portion stating her girl "had to spell into a changing country the nighttime before" erstwhile Dr Upton was changing. She claimed seeing the doc near her girl feeling "uncomfortable and embarrassed".

Ms Bell added that Dr Upton was "on the defence" aft Ms Peggie said she felt "uncomfortable and embarrassed", and the doc insisted she "had each close to beryllium there". Dr Upton said that caregiver Peggie's behaviour with her besides impacted her quality to execute her occupation with patients.

She said that, connected 1 earlier juncture connected December 18, 2023, Ms Peggie had refused to admit oregon look astatine the doc portion discussing a young patient. Dr Upton said: "You request to beryllium capable to speech to each other, to pass with each other. You request to beryllium capable to trust connected the radical successful your team. It makes doing my occupation precise hard and impacts the patient's wide care."

The tribunal continues.