During an employment tribunal in Dundee, a nurse manager, Esther Davidson, defended her decision to suspend an emergency department nurse in order to prioritize patient safety. The nurse in question, Sandie Peggie, took legal action against NHS Fife and Dr. Beth Upton after being suspended following an altercation in the female changing room at Victoria Hospital. Ms. Peggie objected to sharing the space with Dr. Upton, who is a trans woman, alleging that her treatment violated the Equality Act.
Esther Davidson explained to the tribunal that the decision to suspend Ms. Peggie was made in order to protect both nurses and the patients they were responsible for. Ms. Davidson clarified that the suspension was implemented to allow time for an investigation and to find a resolution, stating that she believed it was the best course of action at the time. She had initiated an investigation initially, but was later removed when it was recognized that she should be a witness in the tribunal.
During the tribunal, Ms. Peggie’s lawyer, Naomi Cunningham, questioned Ms. Davidson regarding the justification for the suspension. Ms. Davidson expressed concerns about potential further interactions and unprofessional behavior between the two nurses. The nurse manager acknowledged that while mediation could have been an option, she was advised by NHS Fife’s equality and diversity department that excluding transgender females from changing rooms was not permitted. The hearing faced delays and is set to resume in July to further examine the details surrounding the incident.
The tribunal also touched on NHS Fife’s policy where “gender trumps sex,” causing tension within the health board. Ms. Cunningham challenged the policy, arguing that Dr. Upton’s right to use the changing room should not override the discomfort expressed by Ms. Peggie. Ms. Davidson defended the policy, emphasizing the importance of treating individuals based on their stated gender or sexual orientation. The legal proceedings are expected to continue for an additional 11 days, with requests for further examination of evidence and additional respondents being considered
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