A transgender doctor at the center of an employment tribunal strongly denies claims that their presence in a female changing room constituted an invasion of privacy. The case stems from a complaint lodged by a nurse, Sandie Peggie, who was suspended after objecting to Dr. Beth Upton using the female changing facilities. The tribunal is examining allegations of harassment related to protected beliefs under the Equality Act 2010.
A transgender doctor at the center of an employment tribunal has refuted claims that their presence in a female changing room constituted an 'invasion of privacy'. The tribunal was initiated by nurse Sandie Peggie, who was suspended from Victoria Hospital in Kirkcaldy in January 2024 after objecting to Dr. Beth Upton using the changing facilities in the A&E department on Christmas Eve 2023. Peggie has lodged a complaint against NHS Fife and Dr.
Upton, alleging sexual harassment or harassment related to protected beliefs under the Equality Act 2010, citing three changing room incidents: indirect harassment; victimisation; and whistleblowing. During the tribunal in Dundee on Monday, Dr. Upton asserted that they had informed line manager Dr. Kate Searle of their intention to use the female changing rooms, based on 'previous experiences,' and had received permission. Barrister Naomi Cunningham, representing Ms. Peggie, countered, 'You were well aware that some of your female colleagues might not be happy.' Dr. Upton responded, 'I would disagree. I am aware that some people are uncomfortable with trans people, but I don't think that automatically overrides a trans person's right to access a changing room which aligns with their gender identity.'Ms. Cunningham further stated, 'The reason why some of your female colleagues might be unhappy was obvious. You're male.' At least some of those women might experience this as an invasion of privacy.' Dr. Upton retorted, 'I'm not male. Why they might be uncomfortable with me is up to them. I would disagree that I'm male and would disagree that my presence in the changing room is an invasion of privacy in their space.' Throughout their testimony, Dr. Upton repeatedly emphasized that they were 'not male' and argued that a Gender Recognition Certificate should not be 'required for a trans person's gender identity to be validated or respected.' Dr. Upton stated, 'Many of my female colleagues consider me a woman.' The doctor also rejected an attempt to question them about 'surgical procedures.' Jane Russell KC, representing the health board and Dr. Upton, deemed the question 'demeaning and hurtful,' adding, 'This case is about whether or not the claimant was harassed.' The tribunal continues
Transgender Doctor Changing Room Harassment NHS Fife Employment Tribunal
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