An NHS nurse who was suspended after she complained about a trans woman in a female changing room has beaten an attempt to have proceedings held in secret.
The nurse, who has worked for the health board for 30 years, took the case to an employment tribunal after she was disciplined. She claimed the co-worker started to undress in front of her when they were alone in the room on Christmas Eve last year.
She was suspended and accused of bullying by the trans colleague who is biologically male but who identifies as a woman. The health worker claims her experiences amounted to harassment and is taking legal action against both her employer, NHS Fife, and the colleague who undressed in what she believes should be a female-only space.
In a rare move, the health board and the trans woman made formal applications for the case to be heard in private and the names of those involved and the hospital department where they worked to be kept secret. The nurse – as well as gender-critical campaign groups – opposed gagging attempts at a special hearing in November.
Judge Antoine Tinnion has now ordered that all proceedings be public and that the parties be named. The nurse taking the action is Sandie Peggie and that the trans woman she accused of harassment is a doctor called Beth Upton. Both work at the A&E department of Victoria Hospital in Kirkcaldy.
Tinnion referred to Upton using female pronouns as he said he accepted the doctor had genuine fears about her trans status being publicly disclosed. He ruled, however, that this was outweighed by the need for open justice.
He said: “There is already considerable — and the tribunal finds wholly legitimate — public interest in this case, with the BBC, The Times, other media and other campaigning groups wishing to attend the final hearing and be permitted to report it to their audiences.
“Ordering Dr Upton’s name and identity to be kept anonymous will substantially fetter the rights of the press and campaigning groups to report on the case, and the general public’s right to read and have access to that reporting involving an issue of public importance and legitimate debate on which significant sections of the public are likely to take an interest and have an opinion.”
He added: “Dr Upton’s status as a trans women, although not public knowledge, is
not a secret — her family and close friends already know, as does her employer, and likely several of her colleagues who work with her and patients she has treated.”
Peggie, who has worked in the NHS for more than 30 years, shared a changing room with Upton on three occasions in 2023. In their final encounter on Christmas Eve, the pair “exchanged words” but what was said is in dispute. Upton later complained about Peggie, who was suspended in January last year
NHS Fife denies that Peggie was harassed by having to share a changing room with Upton. It also claims that her decision to cite Upton, along with the board, as a respondent in the employment case was “both unnecessary and vexatious”.
Peggie argued that it was clear that Upton was a man from her appearance. Tinnion rejected this and said: “The tribunal does not find that looking at Dr Upton it is obvious that Dr Upton is a man.”
The full employment tribunal will now take place over ten days in February.
Peggie at one point is understood to have been told she could change in a cupboard if she was uncomfortable with her trans colleague.
NHS Fife in September announced that it had paused development of its trans policy “following growing coverage and public debate”.
The research group Murray Blackburn Mackenzie, which takes a gender-critical stance on trans issues, stressed it had found no evidence of discussion on the nurse’s case in public minutes of the board.
NHS Fife told The Times: “It would be inappropriate to comment on ongoing legal proceedings.”
Don’t miss the latest news from around Scotland and beyond. Sign up to our daily newsletter.