A nurse suing NHS Fife will be allowed to refer to the transgender doctor at the centre of the row as a man during an upcoming employment tribunal.
Sandie Peggie is taking legal action after she was suspended for complaining about sharing a changing room with Dr Beth Upton, who identifies as a woman.
Kirkcaldy A&E nurse Ms Peggie’s lawyers argued she should have the right to call Dr Upton a man at a pre-tribunal hearing earlier this week.
Dr Upton’s legal team claim this is disrespectful and warn the medic is deeply hurt at being misgendered.
But Judge Sandy Kemp, who presided over the fiery hearing on Tuesday, has ruled in favour of Ms Peggie.
He acknowledges this may be “painful and distressing” for Dr Upton, but does not accept that being described as a man in the employment tribunal setting amounts to harassment.
Judge Kemp says it would be difficult for Ms Peggie to give evidence during the tribunal if she has to use terminology she sees as “inaccurate”.
But he warns the tribunal, being held in Edinburgh, will not hesitate to intervene if male pronouns are “used gratuitously and offensively on a repeated basis with no good reason to do so”.
He also asks Ms Peggie and her lawyers to consider “whether it is necessary or appropriate” to call Dr Upton a man given the hurt this has already caused.
Dr Upton’s lawyer has asked Ms Peggie and her legal team to use the medic’s professional title if they cannot agree on preferred pronouns.
Case has caused ‘distress and upset’
Judge Kemp wrote: “What appears obvious to me from the documentation I have seen is that the matters referred to in the pleadings have caused distress and upset at the least to both the claimant and the second respondent.
“All concerned with the case should I consider seek to minimise further distress and upset as far as is possible in the complex circumstances of a contentious case such as this.”
Judge Kemp’s ruling represents another legal victory for Ms Peggie.
Her lawyers successfully argued against the tribunal being held in private earlier this month.
Ms Peggie says she felt uncomfortable when Dr Upton started undressing in front of her while the two were alone in a women’s changing room on December 31, 2023.
Dr Upton complained about the A&E nurse following a confrontation and Ms Peggie was then suspended.
NHS Fife has said both staff members should be treated with “kindness and respect”.
