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Changing room trans row nurse tells tribunal she felt intimidated | |
(7 days later) | |
Sandie Peggie was suspended after a row over changing rooms | Sandie Peggie was suspended after a row over changing rooms |
A Fife nurse who was suspended after complaining about sharing a changing room with a transgender colleague has begun giving evidence at an employment tribunal. | A Fife nurse who was suspended after complaining about sharing a changing room with a transgender colleague has begun giving evidence at an employment tribunal. |
Sandie Peggie claims being made to get changed beside Dr Beth Upton - who is a trans woman - amounted to unlawful harassment under the Equality Act. | Sandie Peggie claims being made to get changed beside Dr Beth Upton - who is a trans woman - amounted to unlawful harassment under the Equality Act. |
Ms Peggie told the first day of the tribunal that she felt "embarrassed and intimidated" when Dr Upton started getting changed in the room at Victoria Hospital, Kirkcaldy, in December 2023. | Ms Peggie told the first day of the tribunal that she felt "embarrassed and intimidated" when Dr Upton started getting changed in the room at Victoria Hospital, Kirkcaldy, in December 2023. |
The nurse's claim is disputed by NHS Fife, which has described the case as unnecessary and vexatious. | The nurse's claim is disputed by NHS Fife, which has described the case as unnecessary and vexatious. |
Dr Upton complained to the health board about Ms Peggie's behaviour after the exchange in the changing room, claiming that it was bullying. | Dr Upton complained to the health board about Ms Peggie's behaviour after the exchange in the changing room, claiming that it was bullying. |
Ms Peggie was put on leave and then suspended in January 2024 pending an investigation. The health board encouraged her to return to work at a different hospital in March last year. | Ms Peggie was put on leave and then suspended in January 2024 pending an investigation. The health board encouraged her to return to work at a different hospital in March last year. |
Sandie Peggie was working as a nurse at Victoria Hospital in Kirkcaldy | Sandie Peggie was working as a nurse at Victoria Hospital in Kirkcaldy |
Ms Peggie said it was discriminatory for Dr Upton, who was not registered female at birth, to use the women's changing room. | Ms Peggie said it was discriminatory for Dr Upton, who was not registered female at birth, to use the women's changing room. |
She claims she was "subjected to sexual harassment" by the medic and that NHS Fife had breached the Equality Act. | She claims she was "subjected to sexual harassment" by the medic and that NHS Fife had breached the Equality Act. |
NHS guidance states that trans men and women are allowed to use the changing rooms that align with their gender identity. | NHS guidance states that trans men and women are allowed to use the changing rooms that align with their gender identity. |
Court rules on use of pronouns | Court rules on use of pronouns |
Dr Upton and NHS Fife had asked Judge Antoine Tinnion, the employment judge presiding over the case, to hold the tribunal in private to protect the identities of those involved. | Dr Upton and NHS Fife had asked Judge Antoine Tinnion, the employment judge presiding over the case, to hold the tribunal in private to protect the identities of those involved. |
However, Ms Peggie successfully argued that the tribunal should be heard in public. | However, Ms Peggie successfully argued that the tribunal should be heard in public. |
Another judge ruled that Ms Peggie was allowed to refer to Dr Upton as a man throughout the tribunal, as long as it was not done "offensively" or "gratuitously". | Another judge ruled that Ms Peggie was allowed to refer to Dr Upton as a man throughout the tribunal, as long as it was not done "offensively" or "gratuitously". |
Dr Upton's legal team said that the medic was deeply hurt by being misgendered. | Dr Upton's legal team said that the medic was deeply hurt by being misgendered. |
But Judge Sandy Kemp ruled in Ms Peggie's favour, while acknowledging it might be "painful and distressing" for Dr Upton - whose legal team will be able to refer to their client as female. | But Judge Sandy Kemp ruled in Ms Peggie's favour, while acknowledging it might be "painful and distressing" for Dr Upton - whose legal team will be able to refer to their client as female. |
Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, told the tribunal that she felt uncomfortable when she encountered Dr Upton in the changing room on three occasions. | Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, told the tribunal that she felt uncomfortable when she encountered Dr Upton in the changing room on three occasions. |
In August 2023, she opened the door to the changing room and saw the medic inside. | In August 2023, she opened the door to the changing room and saw the medic inside. |
She said she felt "uncomfortable and embarrassed" with the idea of undressing in front of Dr Upton and stepped back out into the hall. | She said she felt "uncomfortable and embarrassed" with the idea of undressing in front of Dr Upton and stepped back out into the hall. |
Ms Peggie said she was "upset" that the medic was allowed to use the room. | Ms Peggie said she was "upset" that the medic was allowed to use the room. |
She raised the matter with her line manager, who sounded supportive and told her that she would "get it sorted". | She raised the matter with her line manager, who sounded supportive and told her that she would "get it sorted". |
In another encounter in late October or early November 2023, the nurse said she was wearing a bra and work trousers in the changing room when Dr Upton walked in. | In another encounter in late October or early November 2023, the nurse said she was wearing a bra and work trousers in the changing room when Dr Upton walked in. |
She told the tribunal that she quickly put her work top back on and left the room because she felt "embarrassed". | She told the tribunal that she quickly put her work top back on and left the room because she felt "embarrassed". |
"I stood in the corridor waiting for Beth to come out," she said. | "I stood in the corridor waiting for Beth to come out," she said. |
She claimed other female members of staff had expressed discomfort with Dr Upton using the women's changing rooms. | She claimed other female members of staff had expressed discomfort with Dr Upton using the women's changing rooms. |
'Embarrassed and intimidated' | 'Embarrassed and intimidated' |
After the second encounter, Ms Peggie followed up with her line manager about the matter. | After the second encounter, Ms Peggie followed up with her line manager about the matter. |
"I was unhappy to be put in that situation again," she said. | "I was unhappy to be put in that situation again," she said. |
Ms Peggie said she had been left alone in the changing room with Dr Upton on Christmas Eve in 2023 after two other members of staff left. | Ms Peggie said she had been left alone in the changing room with Dr Upton on Christmas Eve in 2023 after two other members of staff left. |
"Beth started to undress and I tried to avoid looking at him and turned my head towards my locker," she told the tribunal. | "Beth started to undress and I tried to avoid looking at him and turned my head towards my locker," she told the tribunal. |
"I told Beth I felt it was unacceptable that he was in the female changing area. I told him I was embarrassed and intimidated and I didn't think he should've been in there. | "I told Beth I felt it was unacceptable that he was in the female changing area. I told him I was embarrassed and intimidated and I didn't think he should've been in there. |
"Beth informed me that 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." | "Beth informed me that 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." |
The exact words exchanged has been disputed by both sides. | The exact words exchanged has been disputed by both sides. |
Sandie Peggie arrives at the tribunal in Dundee | Sandie Peggie arrives at the tribunal in Dundee |
The following week, Ms Peggie was informed that a serious complaint of bullying had been made against her and she assumed it was by Dr Upton. | The following week, Ms Peggie was informed that a serious complaint of bullying had been made against her and she assumed it was by Dr Upton. |
"I felt more shocked than anything," she told the tribunal. | "I felt more shocked than anything," she told the tribunal. |
"I didn't feel that there was any bullying involved. I just felt it was more of a discussion, something that Beth and I couldn't agree on." | "I didn't feel that there was any bullying involved. I just felt it was more of a discussion, something that Beth and I couldn't agree on." |
The nurse was put on special leave and suspended a few days later. | The nurse was put on special leave and suspended a few days later. |
She said she had not been asked for her side of the story and criticised how long the investigation into the bullying allegations had taken. | She said she had not been asked for her side of the story and criticised how long the investigation into the bullying allegations had taken. |
"I felt they were postponing my suspension and trying to make things difficult for me returning," she said. | "I felt they were postponing my suspension and trying to make things difficult for me returning," she said. |
Ms Peggie also refuted claims she had ignored Dr Upton or refused to make eye contact with the medic. | Ms Peggie also refuted claims she had ignored Dr Upton or refused to make eye contact with the medic. |
She acknowledged that Dr Upton had a good reputation in the hospital and said she did not have any personal problems with the doctor. | She acknowledged that Dr Upton had a good reputation in the hospital and said she did not have any personal problems with the doctor. |
The tribunal, which is expected to last 10 days, continues. | The tribunal, which is expected to last 10 days, continues. |