A Scots nurse suspended after a row with a transgender colleague over sharing a changing room has been giving evidence at an employment tribunal and said she felt “embarrassed and intimidated”.
Sandie Peggie, from Fife, was put on leave and then suspended in January 2024 following an exchange with colleague, Dr Beth Upton, who is a trans woman.
Ms Peggie, who has been a nurse for NHS Fife for over 30 years, claims being made to get changed beside Dr Upton amounted to unlawful harassment under the Equality Act.
She told the first day of the tribunal that she felt “embarrassed and intimidated” when Dr Upton started getting changed in the room at Victoria Hospital, Kirkcaldy, in December 2023.
However this is disputed by NHS Fife, which has described the case as unnecessary and vexatious.
NHS guidance states that trans men and women are allowed to use the changing rooms that align with their gender identity.
Ms Peggie successfully argued that the tribunal should be heard in public after Dr Upton and NHS Fife had asked for the tribunal in private to protect the identities of those involved.
It was also ruled that Ms Peggie could refer to Dr Upton as a man throughout the tribunal, as long as it was not done “offensively” or “gratuitously”.
However the application to refer to Dr Upton as her dead name was deferred by the judge.
Ms Peggie explained to the tribunal that she felt uncomfortable when she encountered Dr Upton in the changing room on three occasions and said: “He looked male. He had his hair in a ponytail and a receding hairline and Adam’s apple.”
In August 2023, she opened the door to the changing room and saw the medic inside and stepped outside until Dr Upton left.
One one occasion in October or November she claimed that Dr Upton walked in while she was wearing a bra and this led to her contacting her line manager about the matter.
The nurse claimed other female members of staff had expressed discomfort with Dr Upton using the women’s changing rooms.
Ms Peggie told the tribunal she had been left alone in the changing room with Dr Upton again on Christmas Eve in 2023 after two other members of staff left.
She explained: “Beth started to undress and I tried to avoid looking at him and turned my head towards my locker.”
“I told Beth I felt it was unacceptable that he was in the female changing area. I told him I was embarrassed and intimidated and I didn’t think he should’ve been in there.
“Beth informed me that he had as much right to be there as I did. I told him that wasn’t true and if I wanted to get changed in front of a man, I would have went to the male changing rooms.”
The next week, Ms Peggie was informed that a serious complaint of bullying had been made against her and she assumed it was by Dr Upton.
Ms Peggie denied using “offensive language” on Christmas Eve.
She said: “I never used any offensive language. I don’t recall using the word chromosomes. I never mentioned the word rapist. I don’t recall anything being said about mediators. I didn’t feel there was any aggression or confrontation.”
She told the tribunal that a meeting was held in March about returning and she said that she “wouldn’t have a problem” that Dr Upton was still working on the ward – however, it was suggested she move, and Ms Peggie said that she called the hospital at the end of March and was told her shift patterns had changed.
Ms Peggie said her solicitor requested she move back onto night shifts, and that Dr Upton should be not allowed to use the changing rooms, however, both were denied by the NHS, and her suspension was “reinstated”, the court heard.
She said she felt attempts were made to make it “difficult” for her to return to work, and the investigation finished in October.
Giving evidence, Ms Peggie said she had used the female changing room since 2012 and it had a sign on the door saying “women only”, and had told managers that it “wouldn’t be fair” to use an alternative.
Ms Peggie said, in August 2023, she entered the changing room but left as she was “uncomfortable” seeing Dr Upton, and added: “I was upset he was being allowed to use the changing rooms.”
She said she felt “embarrassed” to find Dr Upton in the female changing room again a few months later, and spoke to her manager who said she she “would get it sorted”, and sought advice from the equality and diversity department.
On Monday, Ms Peggie’s barrister, Naomi Cunningham, made an application to allow Dr Upton’s “dead name” to be referred to from General Medical Council lists but the judge deferred a decision, after a previous legal battle allowed the claimant to refer to Dr Upton as a man.
In cross-examination, Ms Peggie said she felt “flustered” when Dr Upton entered and a statement from her interview on March 7 said she found it “intimidating”.
Giving evidence, Ms Peggie suggested allegations made by another member of staff, that she would leave a clinical care environment when Dr Upton entered it, risking patient safety, was “Beth making them up”.
She told the tribunal: “I don’t have a problem with Beth. I just have a problem with her coming into the female changing room.”
Ms Peggie denied she had “discriminated” or “harassed” Dr Upton, and said: “I agree Beth has a good reputation for caring for patients.”
Barrister Jane Russell, representing NHS Fife and Dr Upton, said: “What you have complained about is Dr Upton’s mere presence in the changing room, not anything she said or did.”
Ms Peggie said: “That’s right.”
Asked about an occasion on October 25 2023 when she left the changing room, and waited for Dr Upton to leave, Ms Peggie said she felt “flustered”.
Ms Russell said: “There’s certainly no physical abuse or harassment of you.”
Ms Peggie said: “That’s correct.”
Ms Russell said alternatives were offered, however, Ms Peggie said: “I told them that it wouldn’t be fair for me to get moved. It was more than just me that was uncomfortable getting changed in front of a man.”
The tribunal continues.
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