Intercourse IssuesA Fife nurse who was suspended after complaining about sharing a altering room with a transgender colleague has begun giving proof at an employment tribunal.
Sandie Peggie claims being made to get modified beside Dr Beth Upton – who’s a trans lady – amounted to illegal harassment underneath the Equality Act.
Ms Peggie advised the primary day of the tribunal that she felt “embarrassed and intimidated” when Dr Upton began getting modified within the room at Victoria Hospital, Kirkaldy, in December 2023.
The nurse’s declare is disputed by NHS Fife, which has described the case as pointless and vexatious.
Dr Upton complained to the well being board about Ms Peggie’s behaviour after the trade within the altering room, claiming that it was bullying.
Ms Peggie was placed on depart after which suspended in January 2024 pending an investigation. The well being board inspired her to return to work at a distinct hospital in March final 12 months.
Getty PicturesMs Peggie stated it was discriminatory for Dr Upton, who was not registered feminine at delivery, to make use of the ladies’s altering room.
She claims she was “subjected to sexual harassment” by the medic and that NHS Fife had breached the Equality Act.
NHS steering states that trans women and men are allowed to make use of the altering rooms that align with their gender identification.
Court docket guidelines on use of pronouns
Dr Upton and NHS Fife had requested Decide Antoine Tinnion, the employment decide presiding over the case, to carry the tribunal in non-public to guard the identities of these concerned.
Nevertheless, Ms Peggie efficiently argued that the tribunal must be heard in public.
One other decide dominated that Ms Peggie was allowed to confer with Dr Upton as a person all through the tribunal, so long as it was not carried out “offensively” or “gratuitously”.
Dr Upton’s authorized workforce stated that the medic was deeply harm by being misgendered.
However Decide Sandy Kemp dominated in Ms Peggie’s favour, whereas acknowledging it may be “painful and distressing” for Dr Upton – whose authorized workforce will be capable to confer with their shopper as feminine.
Ms Peggie, who has been a nurse at NHS Fife for greater than 30 years, advised the tribunal that she felt uncomfortable when she encountered Dr Upton within the altering room on three events.
In August 2023, she opened the door to the altering room and noticed the medic inside.
She stated she felt “uncomfortable and embarrassed” with the concept of undressing in entrance of Dr Upton and stepped again out into the corridor.
Ms Peggie stated she was “upset” that the medic was allowed to make use of the room.
She raised the matter along with her line supervisor, who sounded supportive and advised her that she would “get it sorted”.
In one other encounter in late October or early November 2023, the nurse stated she was sporting a bra and work trousers within the altering room when Dr Upton walked in.
She advised the tribunal that she shortly put her work prime again on and left the room as a result of she felt “embarrassed”.
“I stood within the hall ready for Beth to return out,” she stated.
She claimed different feminine members of employees had expressed discomfort with Dr Upton utilizing the ladies’s altering rooms.
‘Embarrassed and intimidated’
After the second encounter, Ms Peggie adopted up along with her line supervisor concerning the matter.
“I used to be sad to be put in that state of affairs once more,” she stated.
Ms Peggie stated she had been left alone within the altering room with Dr Upton on Christmas Eve in 2023 after two different members of employees left.
“Beth began to undress and I attempted to keep away from taking a look at him and turned my head in direction of my locker,” she advised the tribunal.
“I advised Beth I felt it was unacceptable that he was within the feminine altering space. I advised him I used to be embarrassed and intimidated and I did not suppose he ought to’ve been in there.
“Beth knowledgeable me that he had as a lot proper to be there as I did. I advised him that wasn’t true and if I needed to get modified in entrance of a person, I’d have went to the male altering rooms.”
The precise phrases exchanged has been disputed by either side.
The next week, Ms Peggie was knowledgeable {that a} severe criticism of bullying had been made towards her and she or he assumed it was by Dr Upton.
“I felt extra shocked than something,” she advised the tribunal.
“I did not really feel that there was any bullying concerned. I simply felt it was extra of a dialogue, one thing that Beth and I could not agree on.”
The nurse was placed on particular depart and suspended a number of days later.
She stated she had not been requested for her aspect of the story and criticised how lengthy the investigation into the bullying allegations had taken.
“I felt they had been suspending my suspension and making an attempt to make issues tough for me returning,” she stated.
Ms Peggie additionally refuted claims she had ignored Dr Upton or refused to make eye contact with the medic.
She acknowledged that Dr Upton had a great popularity within the hospital and stated she didn’t have any private issues with the physician.
The tribunal, which is anticipated to final 10 days, continues.
