A Kirkcaldy hospital nurse’s employment tribunal against NHS Fife could fuel sweeping changes to transgender changing room laws, a leading activist claims.
Maya Forstater, who leads pressure group Sex Matters, is supporting A&E worker Sandie Peggie’s fight against her health board.
Ms Peggie was suspended by NHS Fife in December 2023 following a row with transgender doctor Beth Upton in a women’s changing room.
The nurse, who works at Victoria Hospital, says she was “intimidated and embarrassed” by Dr Upton’s presence.
Ms Forstater became a prominent activist following her own employment tribunal over her right to express gender critical views.
She gave evidence in Dundee at the NHS Fife tribunal on Wednesday.
In an interview with The Courier, she told us: “I think it could be very significant.
“All kinds of employers are running the same sorts of policies that NHS Fife are running.
“If it’s unlawful for Sandie and NHS Fife, then it’s going to be unlawful hopefully across the NHS and other employers.
“If she wins, that’s going to have huge implications.”
Ms Peggie told the tribunal on Monday she was “shocked” the first time she saw Dr Upton using the women’s changing room.
Ms Forstater says the health board let both employees down.
‘It’s the hospital’s fault’
“They put both Sandie and Dr Upton in an impossible situation,” she says.
“It’s the hospital’s fault, they should never have put those two people in the same room.”
Ms Peggie and her legal team controversially won the right to call Dr Upton a man during the tribunal.
A judge recognised this would be “painful and distressing”.
A laywer representing Dr Upton and NHS Fife has also spoken about how the row has been deeply upsetting for the medic.
Does Ms Forstater feel any sympathy for the trans doctor?
“I do,” she says.
Ms Forstater reckons Dr Upton should have simply been barred from using the women’s changing room.
“The hospital should have said no,” she said.
“It would have saved Dr Upton being in the public eye.”
The debate over trans rights in the UK is divisive.
So is there a risk this tribunal is adding fuel to the fire of a toxic culture war?
“It’s not a culture war,” Ms Forstater says.
“Changing rooms are places where sexual harassment happens.”
Ms Forstater recently praised US President Donald Trump for an executive order declaring there are two sexes.
On Thursday at Holyrood, an SNP Government minister also answered a question on the definition of a woman.
Equalities minister Kaubab Stewart. “A woman is an adult female. That is clear.
She added: “But it is simply a fact that trans people exist and have always done so.”
On day two of the tribunal, Ms Peggie admitted her admiration for Trump.
But the president has himself faced previous allegations of sexual assault.
“We’re not commenting on Donald Trump’s conduct,” she adds. “We’re just commenting on the policies.
‘Kindness and respect’
Is Ms Forstater confident Ms Peggie will be successful?
“Sandie’s on the forefront of demonstrating whether the courts can uphold women’s rights,” she says.
“We’ll have to see whether the court makes the right decision.”
A spokesperson for the health board said: “NHS Fife considers it inappropriate to comment during the employment tribunal.
“It is important to recognise that at the heart of this case are two employees, who should be treated with kindness and respect.”
