The mother of a nurse who accused a transgender doctor of sexual harassment has told a tribunal that her daughter was “not her normal self” after an encounter in the female changing room at work.
Nurse Sandie Peggie, who has worked at Victoria Hospital in Kirkcaldy in Fife for 30 years, has taken the local health board to tribunal along with Dr Beth Upton, after being suspended following an incident on Christmas Eve 2023 in the female changing room.
Ms Peggie lodged a complaint of sexual harassment or harassment related to protected beliefs under section 26 of the Equality Act 2010. This was regarding three incidents when she and Dr Upton were in the changing room together; indirect harassment; victimisation; and whistleblowing.
That came after she was suspended in January 2024 following Dr Upton making an allegation of bullying and harassment. Dr Upton began working in the hospital’s A&E department in August 2023.
Ms Peggie’s mother Sheila Bell told the tribunal on Thursday that her daughter did not seem herself on Christmas Day 2023. Ms Bell said their relationship was “very, very close” and she recalled arriving at her daughter’s home at 2pm before the family exchanged presents and then had Christmas lunch around 3pm.
She told the tribunal Ms Peggie “didn’t want to talk about it on Christmas Day”. Ms Bell added: “Until she started telling us what happened she was okay, but she was really quite upset.
“She told us she had to go into a changing room the night before, when she went in Dr Upton was in there and he was changing. He was in there, she was desperate to get herself sorted out and she felt uncomfortable and embarrassed that he was getting changed when she needed to.”
Naomi Cunningham of Sex Matters, representing the nurse, said: “It’s common ground that there was a conversation.” Ms Bell said: “She did speak to him (Dr Upton) and she told him how she felt uncomfortable and embarrassed. He turned round and became on the defence and said he had every right to be there.”
During cross-examination by Jane Russell KC, representing Dr Upton and the health board, Ms Bell said of her daughter that Christmas Day: “She wasn’t her normal self. I didn’t know what was wrong. She was upset. When she started talking she was really upset. Before that we were exchanging presents.
“At that time I didn’t know about what had actually happened to her. She was embarrassed, her dad was there, she didn’t want to talk about it on Christmas Day. At the time she didn’t actually talk about it. The reason she was uncomfortable and embarrassed when the doctor was there getting changed when she needed to get changed.” The tribunal continues.