Tribunal hears NHS changing room gender row case

A Fife nurse who was suspended after complaining about sharing a changing room with a transgender colleague has begun giving evidence at an employment tribunal.

Sandie Peggie claims being made to get changed beside Dr Beth Upton – who is a trans woman – amounted to unlawful harassment under the Equality Act.

Ms Peggie told the first day of the tribunal that she felt “embarrassed and intimidated” when Dr Upton started getting changed in the room at Victoria Hospital, Kirkaldy, in December 2023.

The nurse’s claim is disputed by NHS Fife, which has described the case as unnecessary and vexatious.

Dr Upton complained to the health board about Ms Peggie’s behaviour after the exchange in the changing room, claiming that it was bullying.

Ms Peggie was put on leave and then suspended in January 2024 pending an investigation. The health board encouraged her to return to work at a different hospital in March last year.

Ms Peggie said it was discriminatory for Dr Upton, who was not registered female at birth, to use the women’s changing room.

She claims she was “subjected to sexual harassment” by the medic and that NHS Fife had breached the Equality Act.

NHS guidance states that trans men and women are allowed to use the changing rooms that align with their gender identity.

Dr Upton and NHS Fife had asked Judge Antoine Tinnion, the employment judge presiding over the case, to hold the tribunal in private to protect the identities of those involved.

However, Ms Peggie successfully argued that the tribunal should be heard in public.

Another judge ruled that Ms Peggie was allowed to refer to Dr Upton as a man throughout the tribunal, as long as it was not done “offensively” or “gratuitously”.

Dr Upton’s legal team said that the medic was deeply hurt by being misgendered.

But Judge Sandy Kemp ruled in Ms Peggie’s favour, while acknowledging it might be “painful and distressing” for Dr Upton – whose legal team will be able to refer to their client as female.

Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, told the tribunal that she felt uncomfortable when she encountered Dr Upton in the changing room on three occasions.

In August 2023, she opened the door to the changing room and saw the medic inside.

She said she felt “uncomfortable and embarrassed” with the idea of undressing in front of Dr Upton and stepped back out into the hall.

Ms Peggie said she was “upset” that the medic was allowed to use the room.

She raised the matter with her line manager, who sounded supportive and told her that she would “get it sorted”.

In another encounter in late October or early November 2023, the nurse said she was wearing a bra and work trousers in the changing room when Dr Upton walked in.

She told the tribunal that she quickly put her work top back on and left the room because she felt “embarrassed”.

“I stood in the corridor waiting for Beth to come out,” she said.

She claimed other female members of staff had expressed discomfort with Dr Upton using the women’s changing rooms.

After the second encounter, Ms Peggie followed up with her line manager about the matter.

“I was unhappy to be put in that situation again,” she said.

Ms Peggie said she had been left alone in the changing room with Dr Upton on Christmas Eve in 2023 after two other members of staff left.

“Beth started to undress and I tried to avoid looking at him and turned my head towards my locker,” she told the tribunal.

“I told Beth I felt it was unacceptable that he was in the female changing area. I told him I was embarrassed and intimidated and I didn’t think he should’ve been in there.

“Beth informed me that he had as much right to be there as I did. I told him that wasn’t true and if I wanted to get changed in front of a man, I would have went to the male changing rooms.”

The exact words exchanged has been disputed by both sides.

The tribunal, which is expected to last 10 days, continues.