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Nurse denies comparing trans doctor to rapist | Nurse denies comparing trans doctor to rapist |
(about 2 hours later) | |
Sandie Peggie was giving evidence for a second day at the employment tribunal | Sandie Peggie was giving evidence for a second day at the employment tribunal |
A nurse who was suspended after complaining about sharing a changing room with a transgender doctor has denied comparing the medic to a rapist. | A nurse who was suspended after complaining about sharing a changing room with a transgender doctor has denied comparing the medic to a rapist. |
Sandie Peggie claims that having to share the room with Dr Beth Upton - who is a trans woman - amounted to unlawful harassment under the Equality Act. | Sandie Peggie claims that having to share the room with Dr Beth Upton - who is a trans woman - amounted to unlawful harassment under the Equality Act. |
The employment tribunal, which began on Monday, has been told that words were exchanged between Ms Peggie and Dr Upton in December 2023. | The employment tribunal, which began on Monday, has been told that words were exchanged between Ms Peggie and Dr Upton in December 2023. |
It heard that Ms Peggie had compared the doctor's decision to use the women's changing room in Victoria Hospital, Kirkcaldy, to controversy around "men being in women's prison". | It heard that Ms Peggie had compared the doctor's decision to use the women's changing room in Victoria Hospital, Kirkcaldy, to controversy around "men being in women's prison". |
It was determined that she was referring to the case of Isla Bryson, a transgender rapist who attacked two women while known as Adam Graham and was initially remanded to a women's prison. | It was determined that she was referring to the case of Isla Bryson, a transgender rapist who attacked two women while known as Adam Graham and was initially remanded to a women's prison. |
During her second day of evidence, Ms Peggie claimed she was previously unaware that the Bryson case involved a rapist, and said: "I never compared Beth to being a rapist." | During her second day of evidence, Ms Peggie claimed she was previously unaware that the Bryson case involved a rapist, and said: "I never compared Beth to being a rapist." |
Jane Russell KC, the lawyer representing Dr Upton and NHS Fife, suggested that the comment fed into a narrative that trans women were predators. | Jane Russell KC, the lawyer representing Dr Upton and NHS Fife, suggested that the comment fed into a narrative that trans women were predators. |
Ms Peggie replied: "I was describing how women must feel with a man in a female prison and how they might feel awkward having a man in the prison with them." | Ms Peggie replied: "I was describing how women must feel with a man in a female prison and how they might feel awkward having a man in the prison with them." |
Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, previously told the tribunal she felt "embarrassed and intimidated" when Dr Upton started getting changed in the room in December 2023. | Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, previously told the tribunal she felt "embarrassed and intimidated" when Dr Upton started getting changed in the room in December 2023. |
"I told Beth I felt it was unacceptable that he was in the female changing area," she said. | "I told Beth I felt it was unacceptable that he was in the female changing area," she said. |
Dr Upton has denied getting undressed during the exchange. | Dr Upton has denied getting undressed during the exchange. |
The tribunal heard a written account from another doctor who said Dr Upton appeared "extremely distressed" afterwards. | The tribunal heard a written account from another doctor who said Dr Upton appeared "extremely distressed" afterwards. |
Ms Peggie's claim is disputed by NHS Fife, which has described the case as unnecessary and vexatious. | Ms Peggie's claim is disputed by NHS Fife, which has described the case as unnecessary and vexatious. |
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. |
Sandie Peggie was working as a nurse at Victoria Hospital in Kirkcaldy | Sandie Peggie was working as a nurse at Victoria Hospital in Kirkcaldy |
Last month, it was decided that the tribunal would be heard in public and that Ms Peggie and her legal team were allowed to refer to Dr Upton as a man. | Last month, it was decided that the tribunal would be heard in public and that Ms Peggie and her legal team were allowed to refer to Dr Upton as a man. |
Dr Upton's legal team, who said the medic was deeply hurt by being misgendered, will be able to refer to their client as female. | Dr Upton's legal team, who said the medic was deeply hurt by being misgendered, will be able to refer to their client as female. |
During her evidence, Ms Peggie confirmed she had called Dr Upton a man and said she believed the medic was a biological male. | During her evidence, Ms Peggie confirmed she had called Dr Upton a man and said she believed the medic was a biological male. |
She acknowledged that this would be considered harassment under NHS Fife's diversity and equality guidance. | She acknowledged that this would be considered harassment under NHS Fife's diversity and equality guidance. |
The nurse also confirmed that she had "strong opinions" and an admiration for US President Donald Trump. | The nurse also confirmed that she had "strong opinions" and an admiration for US President Donald Trump. |
The tribunal also heard texts between Ms Peggie and a colleague where she expressed frustration about Dr Upton using the women's changing rooms. | The tribunal also heard texts between Ms Peggie and a colleague where she expressed frustration about Dr Upton using the women's changing rooms. |
One text from the nurse said she was "shaking like a leaf" after encountering Dr Upton in the changing room, adding: "Everyone sticks up for the minority." | One text from the nurse said she was "shaking like a leaf" after encountering Dr Upton in the changing room, adding: "Everyone sticks up for the minority." |
Dr Upton complained to the health board about Ms Peggie's behaviour after the exchange in December 2023, claiming that it was bullying. | Dr Upton complained to the health board about Ms Peggie's behaviour after the exchange in December 2023, 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 in a different department or hospital in March last year. | |
Patient care concerns | |
Dr Upton's complaint alleged that Ms Peggie left a patient, who was in a serious condition, when the doctor appeared in the cubicle. | |
It was alleged that Ms Peggie asked Dr Upton to complete observations for her - a task which would normally be completed by a nurse. | |
"Your dislike of Dr Upton was so strong that you refused to work with her to the disadvantage of patients," said lawyer Jane Russell. | |
Ms Peggie was also accused of delegating jobs which Dr Upton had asked her to do. | |
Ms Peggie denied these claims and said she did not have a problem with Dr Upton. | |
Ms Russell said the patient care claim meant Ms Peggie would have needed to return to work on day shifts, instead of her usual night shifts, to be supervised. | |
The nurse disputed this at the time but eventually agreed to work day shifts for four weeks before returning to her normal working hours. | |
She said she hoped to work in the hospital until she retired. | |
The tribunal heard that the bullying investigation took nine months and concluded in early December 2024. It recommended that a formal hearing should take place. | |
Ms Russell acknowledged that nine months is a long time for a misconduct investigation, but said it was partly explained by how long the support person in human resources was off work. | |
The tribunal, which is expected to last 10 days, continues. | The tribunal, which is expected to last 10 days, continues. |