Nurse Accuses Trans Doctor of Hate Incident, Tribunal Hears

Consultant Considered Police Involvement Over Changing Room Dispute

A nurse suspended after objecting to sharing a female changing room with a transgender doctor has had her case bolstered by evidence suggesting the incident was viewed as a hate incident, with police involvement considered.

Changing Room Row Escalates

Nurse Sandie Peggie was suspended and placed on special leave following an alleged dispute with transgender doctor Beth Upton on Christmas Eve 2023 at Victoria Hospital in Kirkcaldy. Peggie has filed a claim against NHS Fife and Upton, citing breaches of the Equality Act 2010, including sexual harassment and discrimination.

Consultant’s Perspective on the Incident

During a tribunal hearing, consultant Dr Kate Searle testified that Dr Upton had been open about being transgender during a job interview in August 2023. Dr Searle stated she had asked Dr Upton about comfort using female changing rooms during induction, without making further suggestions.

Dr Searle recalled receiving an email from Dr Upton on Christmas Day, describing an “upsetting interaction” with Peggie. Upton alleged Peggie stated she “can’t be in the female changing room, it’s wrong and lots of others feel this way,” and that Peggie expressed feeling intimidated and that women have a right to feel safe.

“To me that was likening the situation to the Isla Bryson case that was very well publicised. Isla Bryson was a convicted rapist who was housed temporarily in a female prison.”

—Dr Kate Searle, Consultant

Dr Searle expressed significant concern, noting NHS Fife did not have a specific policy supporting transgender staff at the time. She informed the tribunal that under the hate incident policy, verbal harassment could apply. Following a meeting with a distressed Dr Upton, a Datix report was completed, and police reporting was discussed as a recommended course of action.

The potential for police involvement was discussed, with Dr Upton stating she would consider it. Dr Searle also recounted Upton’s concerns about Peggie’s alleged behavior in other clinical scenarios. In one instance, Peggie reportedly refused to share a resuscitation unit with Upton, stating, “you can finish doing them yourself,” and left the room.

Another incident involved a patient in a mental health crisis. When Upton sought out Peggie, the nurse allegedly communicated only through another staff member. Dr Searle noted this could raise patient safety concerns due to the need for clear team communication.

Dr Searle also spoke to a healthcare worker who, when asked about the situation, expressed reluctance to get involved, stating, “I am mixed race and I am worried about getting involved in this for my own safety.” Dr Searle suggested this fear stemmed from the case’s media attention and the potential for staff views to be publicized.

The scrutiny on staff involved in the case highlighted concerns about public exposure of personal opinions, a sentiment echoing broader societal discussions on gender identity. For instance, the UK’s Stonewall charity reports that LGBTQ+ individuals still face discrimination in the workplace, with 27% experiencing unfair treatment at work in 2023 (Stonewall 2023).

The tribunal proceedings are ongoing.