Lawyers representing a nurse taking NHS Fife to an employment tribunal have argued a trans doctor should be referred to as a man during the hearing.
Kirkcaldy nurse Sandie Peggie is suing the health board she works for after being suspended for complaining about sharing a changing room with Dr Beth Upton.
Ms Peggie, who works at Victoria Hospital, says she felt uncomfortable when the doctor started undressing in front of her while the two were alone in December 2023.
Dr Upton’s legal team say their client is distressed by being referred to as a man by the nurse and her lawyers.
In response to Tuesday’s pre-tribunal hearing, NHS Fife insist the two employees in the case should be treated with “kindness and respect”.
Pronouns ‘fundamental’ to the case
Lawyers acting on the A&E nurse’s behalf claim the row over Dr Upton’s biological sex is “fundamental” to the complaint.
“In those situations where sex matters, the presence of someone who is literally a man in a woman-only environment is objectionable,” said Naomi Cunningham.
“This question about whether Dr Upton is a woman is right at the heart of the case.”
But Jane Russell, representing the doctor, disputed this.
She told the pre-tribunal hearing that the language being used had “actively harmed” Dr Upton and claimed it was fuelling a climate of hostility against transgender people.
She said: “The tribunal do not have jurisdiction to decide whether a man should become a woman.”
‘Misgendering’ claims
Ms Russell urged Ms Peggie and her lawyers to “stop misgendering” Dr Upton.
She added the doctor’s preferred pronouns should be used as a “matter of courtesy”.
Ms Cunningham, speaking for Ms Peggie, says it would inappropriate for a judge to dictate which pronouns should be used.
“The tribunal’s job is to be impartial,” she added.
Ms Russell disagreed, saying: “The idea you will be making any sort of pronouncement on who is a man and who is a woman is a fantasy that should not be entertained.”
She asked Ms Peggie’s representatives to use Dr Upton’s professional title instead of any specific gender if an agreement is not reached.
The judge will make a decision at a later date.
‘Kindness and respect’
The health board said: “NHS Fife considers it inappropriate to comment ahead of or during the employment tribunal.
“It is important to recognise that at the heart of this case is two employees, that should be treated with kindness and respect.
“As an organisation, NHS Fife remains committed to upholding its duty of care to all employees.”
A&E nurse Ms Peggie claims she was “subjected to sexual harassment” by Dr Upton’s presence in the women’s changing room on December 31, 2023.
Dr Upton made a complaint about Ms Peggie following a confrontation and the nurse was then suspended.
The trans doctor and NHS Fife asked for the tribunal hearing to be kept private.
But this request was rejected by a judge earlier this month in a major legal victory for Ms Peggie.
The tribunal begins later this month.
