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A transgender doctor involved in a dispute over changing room access at Victoria Hospital in Kirkcaldy has departed from the NHS. Dr Beth Upton, who identifies as a woman but was assigned male at birth, was at the center of a contentious employment tribunal following an incident in the female changing room. The case was brought against both Dr Upton and NHS Fife by nurse Sandie Peggie, who was suspended after refusing to share the space with Upton.
The tribunal, which concluded its hearings in December, dismissed all allegations against Dr Upton but found in favor of Peggie on some claims made against NHS Fife. Peggie, a nurse with three decades of NHS service, argued that she experienced harassment under the Equality Act 2010. The legal action arose from her refusal to use the women’s changing facilities alongside Upton, resulting in her suspension early in 2024 after Dr Upton filed a complaint.
NHS Fife has since confirmed that Dr Upton left the board’s employment at the end of 2025. A spokesperson for NHS Fife declined to provide further details, citing the personal nature of the matter. During the tribunal, it was revealed that Dr Upton had begun her gender transition in 2022 and had been permitted by supervisors to use the female changing rooms since starting at the hospital in August 2023. The health board’s legal team emphasized that Dr Upton was simply performing her professional duties and was caught up in complex legal issues despite having appropriate authorization.
The tribunal’s 312-page ruling stated that NHS Fife should have temporarily barred Dr Upton from the female changing rooms following Peggie’s complaint. While some of Peggie’s claims were upheld, others were dismissed, including those against Dr Upton individually. The court also found that Peggie’s remarks directed at Dr Upton constituted harassment. Following the verdict, Peggie expressed dissatisfaction with the outcome, describing it as falling short, particularly regarding the dismissal of discrimination and victimization allegations. Her legal representatives have announced plans to appeal the decision, including two revised versions of the ruling
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