NHS Fife tribunal over nurse’s changing room row with trans doctor to resume

An employment tribunal involving a female nurse and a transgender doctor, which has become the latest front in the battle over gender policy, is resuming in Dundee.

Sandie Peggie was suspended from her role as a nurse with NHS Fife last year after she objected to Dr Beth Upton, who is a transgender woman, using a female changing room.

Ms Peggie claims her treatment was unlawful under the 2010 Equality Act and has brought a case against the health board and Dr Upton.

NHS Fife and the doctor are defending their actions – at a cost to the public purse so far of at least £220,000 – arguing that they complied with NHS policy.

Ms Peggie, who has worked at NHS Fife for more than 30 years, told the tribunal she had felt uncomfortable around Dr Upton in a changing room at Kirkcaldy’s Victoria Hospital on three occasions between August and December 2023.

She said the issue came to a head on Christmas Eve when Dr Upton started to undress in front of her.

Ms Peggie told the tribunal she had felt “embarrassed and intimidated”.

The pair then exchanged words – although the details of their conversation are disputed.

After the exchange, Dr Upton complained to NHS Fife about Ms Peggie’s behaviour and the nurse was suspended on 3 January 2024.

In her evidence, Ms Peggie said she had “felt more shocked than anything” when she learned there was a complaint against her.

The board has described Ms Peggie’s case as “unnecessary and vexatious” while Dr Upton has accused the nurse of bullying and harassment.

“I’m not interested in vengeance and I’m not interested in retribution – I’m interested in justice,” the doctor told the tribunal.

“Trans people are not predators by nature of being themselves.”

The tribunal sat for 10 days in February and was then adjourned until now.

A separate disciplinary hearing, which had also been scheduled for February, was postponed at the request of Ms Peggie’s legal team.

In that case, the nurse is facing allegations – which she denies – of misconduct, failures of patient care and misgendering Dr Upton.

It is now reported to have taken place although the outcome has not been made public.

The wider issue of gender has provoked years of debate in Scotland.

This includes arguments about the case of a transgender rapist known as Isla Bryson and an attempt by politicians in Edinburgh – ultimately blocked by Westminster – to make it easier to legally change gender.

A pivotal moment came in April when the UK Supreme Court clarified the law on gender, unanimously ruling that a woman is defined by biological sex under the Equality Act.

“The concept of sex is binary, a person is either a woman or a man,” wrote the judges, adding that “the ordinary meaning of those plain and unambiguous words” was self-explanatory and required “no further explanation”.

The 88-page judgment was a repudiation of the SNP’s interpretation of the law.

The Scottish government responded that it had acted in good faith by arguing in court that trans women were women.

Ms Peggie has since called on NHS Fife to respond to the Supreme Court by acting immediately to “stop permitting any man who identifies as a woman” access to female-only spaces.

NHS Fife says work is underway to “identify areas where any adaptations may be required and schedule any work that may be necessary,” as a result of the judgment.

It added that it was waiting to review a new code of practice expected to be issued by the Equality and Human Rights Commission (EHRC), which advises public bodies on the law.

In a statement, the EHRC said it was “currently working at pace” on the new advice but it added that organisations should “comply with the law” now by “looking at what changes, if any, need to be made to their policies and practices”.

The Scottish government says it “accepts the Supreme Court ruling” adding that “detailed work that is necessary as a consequence” is ongoing.