An employment tribunal recently heard that a transgender doctor had the right to use a female changing room under a health board’s equality and diversity policy. The case was brought forward by Nurse Sandie Peggie against NHS Fife and Dr. Beth Upton after being suspended following an incident in the female changing room at Victoria Hospital in Kirkcaldy. Peggie objected to sharing the room with Dr. Upton, a trans woman, stating that her treatment constituted unlawful harassment as per the Equality Act. Clinical nurse manager Esther Davidson, who led the initial stages of the investigation, informed the tribunal that the doctor had the right to use the female changing facilities based on advice she received.
Initially, Ms. Davidson led the investigation after Dr. Upton filed a complaint of bullying and harassment against Peggie. However, she was later removed from the investigation as it was realized that she would be a witness, prompting a restart of the probe. Despite not being Peggie’s direct line manager, Ms. Davidson oversaw complaints in the department and had worked alongside Peggie for 30 years. At the tribunal held in Dundee, Ms. Davidson explained how Peggie raised concerns about sharing a female changing room with Dr. Upton in late August 2023. After researching relevant policies and consulting with NHS Fife’s equality and diversity lead, Ms. Davidson concluded that it was Dr. Upton’s right to use the changing room.
During the proceeding, Ms. Peggie’s lawyer inquired whether Ms. Davidson would have informed the nurses that Dr. Upton was transgender. In response, Ms. Davidson emphasized that she believed the staff had accepted Dr. Upton as a female, thereby dismissing the need for further communication. The tribunal also heard about the Christmas Eve incident in 2023 when Peggie insisted that Dr. Upton, whom she believed to be a man, should not be using the women’s changing room. Ms. Davidson acknowledged the distressing situation for both parties and confirmed that she did not have any reason to doubt Peggie’s feelings of intimidation and embarrassment. Additionally, Ms. Davidson noted that some nurses preferred to change in toilet cubicles instead of in front of others.
Jane Russell, the lawyer representing NHS Fife and Dr. Upton, questioned Ms. Davidson regarding Peggie’s beliefs. Ms. Davidson explained that while she was not aware of Peggie’s stance on transgender issues, she knew that Peggie had strong opinions on various matters, including her support for Donald Trump. Furthermore, Ms. Davidson clarified that an individual growing their hair, wearing makeup, and women’s clothing would only be considered a woman if they identified as such in line with gender changes. The tribunal continues as more details are being uncovered surrounding the case involving Peggie’s suspension and subsequent return to work shifts
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