A transgender doctor continued to use female changing rooms after an incident with a female nurse who objected and said “I decided to put my big girl pants on and be brave”, an employment tribunal has heard.
Nurse Sandie Peggie, who has worked at the Victoria Hospital in Kirkcaldy, Fife, for 30 years, took the Fife Health Board and Dr Beth Upton to tribunal after being suspended following an incident on Christmas Eve 2023 in the female changing rooms.
Ms Peggie, known as the claimant, lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation, and whistleblowing.
That came after she was suspended in January 2024 following Dr Upton making an allegation of bullying and harassment.
Sandie Peggie has lodged a complaint of sexual harassment or harassment (Andrew Milligan/PA)
Ms Peggie is represented by barrister Naomi Cunningham at a tribunal in Dundee.
Dr Upton gave evidence on Tuesday about concerns regarding a next shift on December 28 where Ms Peggie was scheduled to be working, and about an allegation regarding patient safety on December 18, and said: “I’m not making things up.”
The tribunal heard that Dr Upton sent a message to line manager Dr Kate Searle in the early hours of Christmas Day saying, “I don’t feel safe using the changing rooms when she’s there”, but used the female changing rooms on December 28, when Ms Peggie was present.
An email sent by Dr Upton to the British Medical Association (BMA) on Boxing Day read: “I feel utterly alone in this situation as my superiors have yet to respond”, the tribunal heard.
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 said: “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.”
The tribunal heard that Dr Upton used the changing room on December 28.
Sandie Peggie worked at the NHS Fife Victoria Hospital in Kirkcaldy (Jane Barlow/PA)
A contemporaneous note-to-self from Dr Upton recorded concerns Ms Peggie “noticed”, however, the nurse’s legal team said that in her evidence Ms Peggie was “quite sure she didn’t see you that day”, the tribunal heard.
Dr Upton said: “I reflected, and determined that I wasn’t willing to let someone’s bigoted outburst and unpleasantness stop me being who I was. I decided I would face this hostility head on.”
Regarding the incident on December 28, Ms Cunningham said: “I suggest the reason you made this incident up was nothing had been done. This was an extraordinarily serious complaint against a colleague.”
Dr Upton said: “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.”
The tribunal heard Dr Upton’s allegations about being “ignored” by Ms Peggie on December 18 when a patient left A&E without being seen, differed from the recollection of another worker present who said that Ms Peggie and Dr Upton had a conversation.
Dr Upton’s note said “on a night shift with SP as usual not acknowledging my presence”, but Ms Cunningham said the other medic “recalled a conversation between you and Sandie”, the tribunal heard.
Ms Cunningham asked if the incident on December 18 was “more extreme” than others logged by Dr Upton since August 26 2023.
Dr Upton said: “Yes because it involved a patient I had responsibility for.”
Giving evidence, Dr Upton said: “I’m not hostile towards the claimant at all. I’m upset at the way I’ve been treated as a result of her actions. So no, I haven’t been making things up.”
Ms Cunningham said: “What Sandie Peggie has done by withdrawing from changing room when you were there is opted out of immersive role play. That’s why you were angry with her.”
She added: “I want to suggest that the reason it’s not acceptable to you for one colleague to opt out, is the danger that one voice telling the truth will break its spell. It’s like the child in the Emperor’s New Clothes. That one voice saying you’re a man will break the spell.”
Dr Upton said: “There is no immersive role play. I’m not concerned about an Emperor’s New Clothes moment. I’m asking all colleagues to treat me with respect as I treat them. I’m not a man.
“Either way, I don’t need the external validation to know who I am.”
The tribunal continues.