Nurse Sandie Peggie showed 'surprising level' of disgust in trans medic row, employment tribunal hears

A nurse who complained about having to share a changing room with a trans medic showed a “surprising level” of dislike, mockery and disgust towards them, an inquiry has heard.

Sandie Peggie was suspended by NHS Fife after complaining about having to share a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023.

She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about patient care.

Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.

The tribunal, which is taking place in Dundee, is currently hearing closing submissions, having heard from all its witnesses before it was adjourned at the end of July.

In her closing submission on Tuesday, Dr Upton’s lawyer Jane Russell KC said Ms Peggie’s conduct towards her client was not “not worthy” of protection under the Equality Act 2010 as it went “far too far”.

She told the tribunal on Monday that during the changing room confrontation Ms Peggie had “repeatedly” misgendered Dr Upton, and caused her “gratuitous harm” by asking her about her chromosomes.

Ms Russell said the nurse also made a “clear and obvious” reference to convicted rapist Isla Bryson, which Ms Russell described as a “hurtful, harmful and damaging slur”.

“We should be able to expect from our nurses, particularly experienced ones, that they demonstrate kindness, thoughtfulness and respect, particularly in professional settings,” the lawyer said on Tuesday.

“The confrontational way in which the claimant (Ms Peggie) approached and treated Dr Upton has no place in dealing with the sensitive matter of somebody going through a transition process.”

She contrasted the characters of Dr Upton – whom she said was “universally praised” by colleagues – with that of Ms Peggie, whom she said held a number of “intolerant views”.

“The contrasting characters of the claimant and Dr Upton is one of the inconvenient truths that hinders the claimant’s case,” Ms Russell told the tribunal.

She said the nurse had made “racial slurs” and circulated racist jokes via text messages.

The lawyer also said multiple witnesses testified that Ms Peggie had referred to Dr Upton as “weirdo” and “it”, and that Ms Peggie’s lawyer had put it to one witness during the tribunal that “it was not wholly unfair to call Dr Upton a weirdo”.

“That stance is particularly dehumanising and shows a surprising level of strong dislike, mockery and disgust that goes beyond mere intolerance,” she said.

She added that “given the seriousness of what happened”, subjecting Ms Peggie to a “very short period of special leave” and a “short period of suspension” were both justified.

The lawyer also took issue with the “logic” of the arguments brought by Ms Peggie’s legal team around why trans women should be excluded from women-only spaces.

“The claimant says trans women follow cis male patterns of violence,” she said.

“That is not a coherent justification for interfering with the rights of others, especially when you consider how dubious that logic is.

“The logic she relies on is that trans women are a sub-category of men, like left-handed men, men with science and engineering degrees, or men born under sign of Scorpio.

“That’s wrong. The difference is trans women are a group Parliament has chosen to protect.”

She added that there was “no evidence” that trans women being in changing rooms hurts women, or that “women in general” have a problem with sharing such spaces with trans women.

Yesterday Ms Peggie’s lawyer Naomi Cunningham said NHS Fife had been “in the grip of a delusion” in its “gender identity belief”, and that it had subjected the nurse to a “heresy hunt” when she challenged this.

“NHS Fife has subjected a nurse of 30 years’ unblemished service to a full-blown witch hunt to punish her for standing up for her right not to undress in front of a male colleague,” she told the tribunal.

She also told the tribunal that trans women should be excluded from women-only spaces as they’re “still men” both legally and factually.

Yesterday a spokesperson for NHS Fife said: “NHS Fife will not be commenting on specific aspects of the closing submissions in the ongoing employment tribunal proceedings at this time.”

Neither Ms Peggie nor Dr Upton are expected to be recalled at the tribunal this week.

The tribunal has already cost NHS Fife nearly £220,500 since it began earlier this year.

The tribunal continues.