A transgender doctor felt “saddened” and “unfairly judged” after a nurse twice left the women’s changing room they were both using at work, an employment tribunal has heard.
Dr Beth Upton told the hearing she thought nurse Sandie Peggie left the room due to discomfort over her being trans.
Ms Peggie, who has worked at Victoria Hospital in Kirkcaldy, Fife, for 30 years, has taken Dr Upton and Fife health board to a tribunal after being suspended following an incident on Christmas Eve 2023 in the hospital’s female changing area.
She lodged a complaint of sexual harassment or harassment related to protected beliefs under section 26 of the Equality Act 2010 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.
Giving evidence on the fourth day of the tribunal in Dundee, Dr Upton said she began gender transition in January 2022, uses the pronouns she/her, and had been “fully out in all aspects of my life” since August 2022, including at work.
The doctor told the tribunal that during a meeting with her manager in August 2023, as part of a wider conversation they discussed her trans identity and use of changing rooms, and said she had used the women’s changing room previously at work.
Dr Upton said: “As she understood it as my identity is as a woman, that was enough, that I should use the women’s changing facilities.”
The medic spoke about two incidents when she said Ms Peggie left the women’s changing room when they were both present and stood outside.
Dr Upton said she made a note after the first time in August 2023 and spoke to a senior member of staff after the second time.
Asked by lawyer Jane Russell KC, who is representing the doctor and the health board, how she felt after these incidents, Dr Upton said: “I was saddened I think mostly.
“I don’t intend (Ms Peggie) any harm, I don’t intend anybody any harm and I was sad that she felt that my presence was uncomfortable for her.
“Again, I hadn’t spoken to her so at this point I was presuming it was based on my trans history.
“I was upset. It kind of makes you feel unwelcome, it makes you feel someone is judging you – particularly judging you unfairly – assuming negative things about you based on something you can’t change.”
Dr Upton said apart from these incidents her gender identity had generally been “respected” and people at work had been “really lovely”.
Ms Peggie previously told the tribunal she was “embarrassed” due to menstruation when getting changed in the changing room on Christmas Eve 2023, and she insisted she was not drawing comparisons with a convicted rapist when she likened the situation to a “biological man in a women’s prison”.
She said: “I don’t have a problem with trans people and I didn’t have a problem with Beth until I found him in the female changing rooms.”
Earlier on Thursday, Ms Peggie’s mother Sheila Bell told the tribunal that on Christmas Day 2023, her daughter did not seem herself.
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.”
She 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.”
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.
