A trans doctor at the centre of an employment tribunal felt “cornered and attacked” after being confronted about using the female changing rooms at an NHS Fife hospital.
Dr Elizabeth “Beth” Upton recalled the “awful” conversation with Sandie Peggie following a Christmas Eve shift in 2023.
The tribunal in Dundee also heard of two incidents where Ms Peggie had walked out of the female changing rooms at Kirkcaldy’s Victoria Hospital when the medic, born male, entered.
Dr Upton, who began transitioning in January of 2022, learned that use of the female facilities by trans staff members was not opposed following a conversation with a senior colleague at the A&E department.
Ms Peggie has taken NHS Fife to the employment tribunal, claiming the health board breached the Equality Act.
‘She asked me what my chromosomes were’
Dr Upton said Ms Peggie had instigated the Christmas Eve exchange.
The 30-year-old said: “I had a sense something was going to happen.
“The usual pattern is if I’m in the changing room and she comes in, she left.
“She gave the impression she was waiting for me.
“She told me this was the woman’s changing room and it was inappropriate for me to be there.
“She felt ‘intimidated’ by my presence – other people felt similarly intimidated and I shouldn’t be there.
“She was clear and slightly matter of fact.
“It seemed almost rehearsed. I apologised that she felt intimidated.
“I explained as a woman I was to use this changing room – if she has a problem with me using the changing room there were formal channels she could raise it.
“She said I’m not a woman, it’s not safe. As I’m a man I can’t use that changing room.
“I said: ‘I’m not a man’.
“She asked me what my chromosomes were.”
‘I was afraid’
Dr Upton also said Ms Peggie compared the situation to housing trans rapist Isla Bryson in the female prison estate.
Asked by Jane Russell KC about the emotional impact of the incident, she said: “I felt awful. Really, really upset.
“I’ve never been spoken to like that in my life. Never since coming out as trans.
“It was terrible to be compared to someone like that (Bryson).
“I was afraid because I didn’t know what it would mean going forward.”
The incident was reported to senior colleagues, with an incident file logged on an internal hospital system.
The medic also detailed two earlier occasions when Ms Peggie left the changing room when Dr Upton was there, adding: “I noted it was a bit unusual – I recorded a note in my phone as she seemed a bit uncomfortable.
“(I thought) I’ll make a note of it and if it escalates, I’ll mention it to somebody.
“I’ve never had somebody leave the changing room and wait outside.
“Her demeanour seemed odd.”
Kirkcaldy hospital experience ‘wonderful’
Regarding a second incident that year, Dr Upton said: “At that point I noticed it was a pattern – it’s now happened twice, it’s gone beyond a single instance.
“It’s never nice when you feel someone feels threatened by you when you aren’t doing anything threatening.
“I was saddened. I don’t mean anybody any harm.
“At that point I was assuming it was because of my trans history.
“That makes you feel uncomfortable – people are judging you unfairly because of something you can’t change.”
Dr Upton said the experience of working in the A&E department at Kirkcaldy was “generally wonderful”.
“Everyone has been really lovely,” the doctor said.
“I’ve had some people misgender me and when that has happened people have apologised.
“Other than the claimant, I’ve felt valued and respected.”
The tribunal heard that supervisor Dr Kate Searle had approved the use of the female changing room during a two-day induction.
Dr Upton said: “I was open about my trans experience, and we discussed bathrooms and changing rooms.
“In my previous job I used the woman’s – since coming out. I didn’t have any issues.
“I’m aware some people have a problem with trans people.
“She told me she wasn’t aware of any trans policies (for staff).
“She said as my ID was a woman and that was enough to use the women’s changing room and if I had any issues I should mention them to her.”
JK Rowling intervention
On Monday, Ms Peggie recalled their changing room confrontation as the hearing began.
The Kirkcaldy nurse – whose husband was later quizzed about posts he shared on social media – was also questioned about being a supporter of US President Donald Trump and denied allegations of racism.
On Wednesday Harry Potter author JK Rowling took to X to slam the treatment of Ms Peggie at the tribunal.
The tribunal continues.
