{"id":21449,"date":"2025-02-03T16:13:55","date_gmt":"2025-02-03T17:13:55","guid":{"rendered":"http:\/\/medexperts.pro\/?p=21449"},"modified":"2025-02-03T17:41:31","modified_gmt":"2025-02-03T17:41:31","slug":"changing-room-trans-row-nurse-felt-intimidated","status":"publish","type":"post","link":"https:\/\/medexperts.pro\/?p=21449","title":{"rendered":"Changing room trans row nurse ‘felt intimidated’"},"content":{"rendered":"
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27 minutes ago<\/div>\n<\/div>\n<\/div>\n
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\"SexSex Matters<\/span><\/div>\n<\/div>\n<\/figure>\n
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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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

The nurse’s claim is disputed by NHS Fife, which has described the case as unnecessary and vexatious.<\/p>\n<\/div>\n

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Dr Upton complained to the health board about Ms Peggie’s behaviour after the exchange in the changing room, claiming that it was bullying.<\/p>\n

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.<\/p>\n<\/div>\n

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Ms Peggie said it was discriminatory for Dr Upton, who was not registered female at birth, to use the women’s changing room.<\/p>\n

She claims she was “subjected to sexual harassment” by the medic and that NHS Fife had breached the Equality Act.<\/p>\n

NHS guidance states that trans men and women are allowed to use the changing rooms that align with their gender identity.<\/p>\n<\/div>\n

Court rules on use of pronouns<\/h2>\n
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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.<\/p>\n

However, Ms Peggie successfully argued that the tribunal should be heard in public.<\/p>\n

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”.<\/p>\n

Dr Upton’s legal team said that the medic was deeply hurt by being misgendered.<\/p>\n

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.<\/p>\n<\/div>\n

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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.<\/p>\n

In August 2023, she opened the door to the changing room and saw the medic inside. <\/p>\n

She said she felt “uncomfortable and embarrassed” with the idea of undressing in front of Dr Upton and stepped back out into the hall.<\/p>\n

Ms Peggie said she was “upset” that the medic was allowed to use the room.<\/p>\n

She raised the matter with her line manager, who sounded supportive and told her that she would “get it sorted”.<\/p>\n

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.<\/p>\n

She told the tribunal that she quickly put her work top back on and left the room because she felt “embarrassed”.<\/p>\n

“I stood in the corridor waiting for Beth to come out,” she said.<\/p>\n

She claimed other female members of staff had expressed discomfort with Dr Upton using the women’s changing rooms. <\/p>\n<\/div>\n

‘Embarrassed and intimidated’<\/h2>\n
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After the second encounter, Ms Peggie followed up with her line manager about the matter.<\/p>\n

“I was unhappy to be put in that situation again,” she said. <\/p>\n

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.<\/p>\n

“Beth started to undress and I tried to avoid looking at him and turned my head towards my locker,” she told the tribunal.<\/p>\n

“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. <\/p>\n

“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.”<\/p>\n

The exact words exchanged has been disputed by both sides.<\/p>\n<\/div>\n

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\"Sandie<\/div>\n<\/div>\n<\/figure>\n
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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.<\/p>\n

“I felt more shocked than anything,” she told the tribunal. <\/p>\n

“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.”<\/p>\n

The nurse was put on special leave and suspended a few days later.<\/p>\n

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.<\/p>\n

“I felt they were postponing my suspension and trying to make things difficult for me returning,” she said.<\/p>\n

Ms Peggie also refuted claims she had ignored Dr Upton or refused to make eye contact with the medic. <\/p>\n

She acknowledged that Dr Upton had a good reputation in the hospital and said she did not have any personal problems with the doctor.<\/p>\n

The tribunal, which is expected to last 10 days, continues.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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