Changing room row nurse denies comparing trans doctor to rapist

A nurse who was suspended after complaining about sharing a changing room with a transgender doctor has denied comparing the medic to a rapist.

Sandie Peggie claims that having to share the room with Dr Beth Upton – who is a trans woman – amounted to unlawful harassment under the Equality Act.

The employment tribunal, which began on Monday, has been told that words were exchanged between Ms Peggie and Dr Upton in December 2023.

It heard that Ms Peggie had compared the doctor’s decision to use the women’s changing room in Victoria Hospital, Kirkcaldy, to controversy around “men being in women’s prison”.

It was determined that she was referring 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.

During her second day of evidence, Ms Peggie claimed she was previously unaware that the Bryson case involved a rapist, and said: “I never compared Beth to being a rapist.”

Jane Russell KC, the lawyer representing Dr Upton and NHS Fife, suggested that the comment fed into a narrative that trans women were predators.

Ms Peggie replied: “I was describing how women must feel with a man in a female prison and how they might feel awkward having a man in the prison with them.”

Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, previously told the tribunal she felt “embarrassed and intimidated” when Dr Upton started getting changed in the room in December 2023.

“I told Beth I felt it was unacceptable that he was in the female changing area,” she said.

Dr Upton has denied getting undressed during the exchange.

The tribunal heard a written account from another doctor who said Dr Upton appeared “extremely distressed” afterwards.

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

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

Last month, it was decided that the tribunal would be heard in public and that Ms Peggie and her legal team were allowed to refer to Dr Upton as a man.

Dr Upton’s legal team, who said the medic was deeply hurt by being misgendered, will be able to refer to their client as female.

During her evidence, Ms Peggie confirmed she had called Dr Upton a man and said she believed the medic was a biological male.

She acknowledged that this would be considered harassment under NHS Fife’s diversity and equality guidance.

The nurse also confirmed that she had “strong opinions” and an admiration for US President Donald Trump.

The tribunal also heard texts between Ms Peggie and a colleague where she expressed frustration about Dr Upton using the women’s changing rooms.

One text from the nurse said she was “shaking like a leaf” after encountering Dr Upton in the changing room, adding: “Everyone sticks up for the minority.”

Dr Upton complained to the health board about Ms Peggie’s behaviour after the exchange in December 2023, 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 in a different department or hospital in March last year.

Dr Upton’s complaint alleged that Ms Peggie left a patient, who was in a serious condition, when the doctor appeared in the cubicle.

It was alleged that Ms Peggie asked Dr Upton to complete observations for her – a task which would normally be completed by a nurse.

“Your dislike of Dr Upton was so strong that you refused to work with her to the disadvantage of patients,” said lawyer Jane Russell.

Ms Peggie was also accused of delegating jobs which Dr Upton had asked her to do.

Ms Peggie denied these claims and said she did not have a problem with Dr Upton.

Ms Russell said the patient care claim meant Ms Peggie would have needed to return to work on day shifts, instead of her usual night shifts, to be supervised.

The nurse disputed this at the time but eventually agreed to work day shifts for four weeks before returning to her normal working hours.

She said she hoped to work in the hospital until she retired.

The tribunal heard that the bullying investigation took nine months and concluded in early December 2024. It recommended that a formal hearing should take place.

Ms Russell acknowledged that nine months is a long time for a misconduct investigation, but said it was partly explained by how long the support person in human resources was off work.

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