Tribunal hears NHS altering room gender row case

A 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 below the Equality Act.

Ms Peggie informed 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 go away after which suspended in January 2024 pending an investigation. The well being board inspired her to return to work at a special hospital in March final 12 months.

Ms Peggie mentioned it was discriminatory for Dr Upton, who was not registered feminine at beginning, 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 steerage states that trans women and men are allowed to make use of the altering rooms that align with their gender id.

Dr Upton and NHS Fife had requested Choose Antoine Tinnion, the employment choose presiding over the case, to carry the tribunal in non-public to guard the identities of these concerned.

Nonetheless, Ms Peggie efficiently argued that the tribunal ought to be heard in public.

One other choose dominated that Ms Peggie was allowed to consult with Dr Upton as a person all through the tribunal, so long as it was not finished “offensively” or “gratuitously”.

Dr Upton’s authorized workforce mentioned that the medic was deeply harm by being misgendered.

However Choose Sandy Kemp dominated in Ms Peggie’s favour, whereas acknowledging it may be “painful and distressing” for Dr Upton – whose authorized workforce will have the ability to consult with their shopper as feminine.

Ms Peggie, who has been a nurse at NHS Fife for greater than 30 years, informed 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 mentioned she felt “uncomfortable and embarrassed” with the thought of undressing in entrance of Dr Upton and stepped again out into the corridor.

Ms Peggie mentioned she was “upset” that the medic was allowed to make use of the room.

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

In one other encounter in late October or early November 2023, the nurse mentioned she was carrying a bra and work trousers within the altering room when Dr Upton walked in.

She informed the tribunal that she rapidly 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 come back out,” she mentioned.

She claimed different feminine members of workers had expressed discomfort with Dr Upton utilizing the ladies’s altering rooms.

After the second encounter, Ms Peggie adopted up together with her line supervisor in regards to the matter.

“I used to be sad to be put in that state of affairs once more,” she mentioned.

Ms Peggie mentioned she had been left alone within the altering room with Dr Upton on Christmas Eve in 2023 after two different members of workers left.

“Beth began to undress and I attempted to keep away from him and turned my head in the direction of my locker,” she informed the tribunal.

“I informed Beth I felt it was unacceptable that he was within the feminine altering space. I informed 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 informed him that wasn’t true and if I needed to get modified in entrance of a person, I might have went to the male altering rooms.”

The precise phrases exchanged has been disputed by either side.

The tribunal, which is predicted to final 10 days, continues.