A nurse who was suspended after complaining about sharing a changing room with a transgender colleague claims she never used the word “rapist” or made a comment about “chromosomes”, an employment tribunal has heard.
Sandie Peggie was suspended from Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Beth Upton – a transwoman – using the female changing facilities in the A&E department on Christmas Eve 2023.
She has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.
Ms Peggie raised concerns after Dr Upton used the same changing room on three occasions in 2023, prompting her to leave.
The nurse, who began working for NHS Fife in 1994, told the tribunal she met the doctor in August 2023.
Referring to Dr Upton using male pronouns – after a previous legal battle allowed her to refer to her as a man – she said: “He looked male. He had his hair in a ponytail and a receding hairline and Adam’s apple.”
Ms Peggie said other colleagues, including a female consultant and a male health worker, shared her concerns over the changing room situation, with a manager reportedly telling her: “I’ll get it sorted.”
Ms Peggie was suspended without an explanation in January after the Christmas Eve incident, and that was extended on 2 February 2024.
She learned of allegations made against her at the end of that month, but her suspension was “reinstated” in April after her solicitor asked that Dr Upton should not be allowed to use the female changing rooms.
Ms Peggie returned to work, but the investigation continued into October 2024, with the nurse saying she “felt they were postponing my suspension to try to make things difficult for me returning”.
‘I never mentioned the word rapist’
Giving evidence on Monday, Ms Peggie said she did not believe the incident on Christmas Eve was a “confrontation” and denied using “offensive language”.
She said: “I didn’t unexpectedly stop Beth as I was already in the area waiting to go into the toilet.
“I never used any offensive language. I don’t recall using the word chromosomes. I never mentioned the word rapist.
“I don’t recall anything being said about mediators. I didn’t feel there was any aggression or confrontation.”
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She said that in March 2024, a meeting was held about returning and she said she “wouldn’t have a problem” with Dr Upton still working on the ward.
However, it was suggested she move and a few weeks later she called the hospital to discover her shift patterns had changed.
‘I was upset he was being allowed to use the changing rooms’
Ms Peggie said her solicitor requested she move back on to night shifts, and that Dr Upton should not be allowed to use the changing rooms.
However, both were denied by the NHS and her suspension was “reinstated” ahead of her eventually returning to work, the tribunal heard.
Ms Peggie said she entered the changing room in August 2023 but left as she was “uncomfortable” seeing Dr Upton, and described feeling “embarrassed” when the same thing happened again a few months later. She also said she felt “flustered” and found it “intimidating”.
Ms Peggie said Dr Upton was “making up” allegations she would leave a clinical care environment when Dr Upton entered, risking patient safety.
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‘I don’t have a problem with the doctor’
She told the tribunal: “I don’t have a problem with Beth. I just have a problem with her coming into the female changing room.”
Ms Peggie denied she had “discriminated” or “harassed” the doctor, and said: “I agree Beth has a good reputation for caring for patients.”
Barrister Jane Russell, representing NHS Fife and Dr Upton, said: “What you have complained about is Dr Upton’s mere presence in the changing room, not anything she said or did.”
Referring to the changing room incident in October 2023, Ms Russell said: “There’s certainly no physical abuse or harassment of you.”
Ms Peggie agreed to both points.
Ms Russell said alternatives were offered, however Ms Peggie stated: “I told them that it wouldn’t be fair for me to get moved.
“It was more than just me that was uncomfortable getting changed in front of a man.”
The tribunal continues.
