Nurse suspended over complaint about trans doctor wins case to have hearing in public

An NHS nurse, suspended after expressing concerns about a trans woman in a women’s changing room, has successfully challenged attempts to keep the tribunal proceedings secret.

Having served with the health board for 30 years, the nurse brought her case to an employment tribunal after receiving disciplinary action. She recounted that her co-worker began undressing in her presence when they were alone in the room last Christmas Eve. Following this incident, she was suspended and accused of bullying by the trans colleague, who is biologically male but identifies as female. The nurse claims her treatment constitutes harassment and is pursuing legal action against NHS Fife and the colleague involved, viewing the changing room as a space meant exclusively for females, according to ‘MSN’.

In an uncommon legal manoeuvre, both the health board and the trans woman sought to have the case proceedings conducted in private, with the involved individuals and their workplace kept confidential. The nurse, along with gender-critical advocacy groups, opposed these measures during a special hearing in November.

Judge Antoine Tinnion has ruled that all proceedings will be public and the individuals involved will be identified. The nurse is identified as Sandie Peggie, and the trans woman accused of harassment is Dr. Beth Upton. Both are employed in the A&E department at Victoria Hospital in Kirkcaldy.

Tinnion, using female pronouns for Upton, acknowledged that the doctor had genuine concerns about the public disclosure of her trans status. However, he determined that the importance of open justice took precedence.

“There is considerable public interest in this case, which the tribunal finds wholly legitimate, with the BBC, The Times, other media outlets, and campaigning groups eager to attend and report on the final hearing,” he stated.

He explained, “Concealing Dr. Upton’s name and identity would significantly impede the press's and campaigning groups’ ability to report the case, as well as the public’s right to receive information about an issue of public significance and legitimate debate.”

He added, “Dr. Upton’s status as a trans woman, although not widely known, is not a secret — her family and close friends are aware, as is her employer and likely several colleagues and patients.”

Peggie, with over 30 years in the NHS, shared a changing room with Upton three times in 2023. Their last encounter on Christmas Eve involved an exchange of words, the specifics of which are contested. Upton filed a complaint against Peggie, leading to her suspension last January.

NHS Fife disputes any harassment took place due to the shared changing room with Upton and considers Peggie’s inclusion of Upton and the board in her employment case as “both unnecessary and vexatious.”

Peggie maintained that Upton’s male appearance was evident. Tinnion disagreed, stating, “The tribunal does not find it obvious that Dr. Upton is a man upon appearance.”

The full employment tribunal is scheduled for a ten-day hearing in February.

Peggie reported being told she could change in a cupboard if uncomfortable with her trans colleague.

In September, NHS Fife announced it had halted the development of its trans policy “in light of increasing coverage and public discussion.”

The research group Murray Blackburn Mackenzie, known for its gender-critical views on trans matters, noted a lack of public discussion in board minutes on the nurse's case.

NHS Fife informed The Times, “It would be inappropriate to comment on ongoing legal proceedings.”