A transgender doctor continued to use a female changing rooms after an incident with a female nurse who objected, and said “I thought I would put my big girl pants on and be brave”, an employment tribunal has been told.
The tribunal has been brought by nurse Sandie Peggie, who was suspended from Victoria Hospital in Kirkcaldy in January 2024 after objecting to Dr Beth Upton using the changing facilities in the A&E department on Christmas Eve 2023.
The nurse, who was accused of bullying and harassment, has lodged a complaint against NHS Fife and Dr Upton of sexual harassment or harassment related to protected beliefs under the Equality Act 2010 regarding three changing room incidents – indirect harassment; victimisation; and whistleblowing.
At the tribunal in Dundee on Tuesday, Dr Upton gave evidence about concerns regarding a next shift on 28 December where Ms Peggie was scheduled to be working, and about an allegation regarding patient safety on 18 December, and said: “I’m not making things up.”
It was noted that Dr Upton sent a message to line manager Dr Kate Searle in the early hours of Christmas Day following an incident with Ms Peggie in the changing room the day before.
The doctor wrote: “I don’t feel safe using the changing rooms when she’s there.”
Dr Upton then sent an email to the British Medical Association (BMA) on Boxing Day that read: “I feel utterly alone in this situation as my superiors have yet to respond.”
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Barrister Naomi Cunningham, who is representing Ms Peggie, said the doctor once again used the changing room on 28 December 2023 when the nurse was on shift.
Ms Cunningham said: “On Christmas Eve you stood your ground and said you were entitled to be in the changing rooms.
“A few hours later you feel certain you don’t feel safe when she’s there, but on December 28 decide to use changing room anyway.”
Dr Upton replied: “In the early hours of Christmas morning I was freaking out and trying to think of ways I could keep myself safe from further hostility.
“I thought I would put my big girl pants on and be brave. Unfortunately, I wasn’t as brave as I thought I was and went to the plaster room in my socks.”
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Regarding the 28 December incident, Ms Cunningham suggested the doctor had made it up as “nothing had been done” in relation to their complaint.
Ms Cunningham added: “This was an extraordinarily serious complaint against a colleague.”
Dr Upton replied: “Your question is did I fabricate this? No, I didn’t fabricate it. I didn’t allege she had done anything apart from notice me.”
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‘I’m not a man’
It was put to Dr Upton that when Ms Peggie left the changing room on two occasions in August and October 2023, cited in the harassment complaint, that this was a refusal to join “immersive role play”, however, the doctor denied this.
Dr Upton said: “There is no immersive role play.”
“I’m asking all colleagues to treat me with respect as I treat them. I’m not a man.”
The tribunal continues.
