A Kirkcaldy nurse told an employment tribunal today she was “shocked” the first time she saw a transgender doctor in the female changing room.
A&E worker Sandie Peggie is suing NHS Fife after she was rapped following a confrontation with Dr Beth Upton – who identifies as a woman – in December 2023.
She recounted her experience on the first day of the hearing in Dundee.
The tribunal also heard Ms Peggie insist she never used the word “rapist” or made a comment about “chromosomes”.
Ms Peggie, who works at Victoria Hospital in Kirkcaldy, told the tribunal she felt “embarrassed and intimidated” when Dr Upton started to undress in front of her on Christmas Eve.
The nurse had previously stayed out of the women’s changing room on two occasions when the transgender doctor was there and raised concerns with her manager.
Uncomfortable
She then explained to Dr Upton she felt uncomfortable when the two were alone.
Ms Peggie had successfully argued she could refer to Dr Upton as a man, despite the doctor’s legal team saying it would be upsetting during a pre-tribunal hearing last week.
“I told Beth I felt it unacceptable that he was in the female changing area,” Ms Peggie told the tribunal on Monday.
“I told him I was embarrassed and intimidated.
“Beth informed me 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.
“I was hoping he would realise my discomfort.”
Responding to claims about alleged offensive language, Ms Peggie 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.”
‘Shocked’
Ms Peggie first encountered the doctor there in August 2023.
Recalling the experience, she said: “I felt quite shocked.”
She told the tribunal she then remained in the corridor until Dr Upton left.
Months later Ms Peggie encountered Dr Upton in the changing room again.
She told the tribunal she quickly got dressed and waited outside until the doctor left.
Ms Peggie said she believed entirely Dr Upton was a man when they first crossed paths.
She told the tribunal the doctor had a receding hairline, was taller than the average woman, and had a “prominent” Adam’s Apple.
Ms Peggie said there was nothing which contradicted her view.
The A&E nurse said her line manager was “supportive”.
But little changed after this, and at one point she was told by a senior member of staff there were “other areas” she could get changed in.
Ms Peggie was put on leave and then suspended in January 2024 pending an investigation.
In March, NHS Fife tried to persuade the A&E nurse to return to work at a different hospital.
Ms Peggie later returned to work on a different shift pattern, but felt like an “elephant in the room”.
Jane Russell, representing NHS Fife, claimed Ms Peggie refused to address Dr Upton directly while working because the medic is transgender.
In notes taken on her iPhone a week before the changing room row, Dr Upton wrote that Ms Peggie “won’t make eye contact” and “won’t acknowledge my presence”.
The tribunal also heard how Ms Peggie asked Dr Upton to finish observations on a patient when the doctor entered the cubicle on one occasion.
“Your dislike was so strong you refused to work with her to the disadvantage of patients,” Ms Russell claimed.
Ms Peggie denied this.
“I don’t believe I’ve harassed anybody,” she said.
She added: “I can’t recall ignoring Beth.”
The tribunal continues.
