Trans doctor used female changing rooms after row

A transgender doctor continued to use female changing rooms after an incident with a nurse who objected because "I decided I would face this hostility head on", an employment tribunal has heard.

Dr Beth Upton returned to work at the Victoria Hospital in Kirkcaldy four days after an argument with nurse Sandie Peggie regarding being in the women's facilities.

Dr Upton "decided to put my big girl pants on and be brave" by using the women's changing room again, but left to change in another room after encountering Ms Peggie again.

Ms Peggie's legal team said their client never noticed Dr Upton that day, and that the incident was "made up", which the doctor denied.

The nurse was suspended for alleged bullying and harassment in January 2024, and has now taken NHS Fife and Dr Upton to a tribunal.

Dr Upton and Ms Peggie argued on Christmas Eve 2023, with Ms Peggie calling the doctor a man and saying she felt "intimidated" by the doctor using the same facilities as her.

Dr Upton messaged line manager Dr Kate Searle on Christmas Day saying, "I don't feel safe using the changing rooms when she's there", and then contacted the British Medical Association about the incident.

Ms Peggie's lawyer Naomi Cunningham asked Dr Upton about using the changing rooms on 28 December, having previously expressed "fear" about using them again in the message to Dr Searle.

The doctor replied: "I reflected and was not willing to let someone's bigoted outburst stop me being who I was. I thought I would face the hostility head on."

Dr Upton recorded a note on 28 December saying Ms Peggie had "noticed" the doctor in the room, which caused Dr Upton to go to a plaster room "in my socks" to change, rather than risk another altercation.

However, the nurse's legal team said Ms Peggie was "quite sure she didn't see you that day" and this allegation had been made up, due to Dr Upton being "frustrated" nothing had yet been done about the Christmas Eve incident.

Dr Upton replied: "Your question is did I fabricate this? No, I didn't fabricate it. I didn't allege she had done anything apart from notice me."

Dr Upton added: "I'm not making things up."

NHS guidance states trans men and women are allowed to use changing rooms that align with their gender identity.

The tribunal, now in its seventh day, also heard details of another incident on 18 December, where Ms Peggie was said to have ignored Dr Upton while discussing a patient, and instead addressed her answers to a third medic.

Dr Upton said the patient left A&E without being seen, but Ms Cunningham said the third person had not noticed Ms Peggie ignoring the doctor during the conversation.

Throughout the day's evidence Ms Cunningham continued to question Dr Upton on gender, including accusing the medic of engaging in "immersive role play" about being a woman.

She claimed the doctor was "angry" with Ms Peggie for "opting out", and that "one voice saying you're a man will break the spell."

Dr Upton denied this, saying "I'm not concerned about an Emperor's New Clothes moment".

Dr Upton added: " I'm asking all colleagues to treat me with respect as I treat them. I'm not a man. Either way, I don't need the external validation to know who I am."

Discussion later centred around access to information that Ms Peggie's legal team had not seen.

The tribunal was halted on multiple occasions by people viewing the case online not switching their cameras or audio off, meaning various noise was audible, including a baby crying at one stage.

Access was restricted to some media outlets for the remainder of the session.

The tribunal continues.