Transgender medic row could be viewed as hate crime, consultant tells tribunal

A consultant previously overheard a nurse saying she “did not believe it was possible to change sex” and felt that a dispute with a transgender doctor “could be considered to be a hate crime”, an employment tribunal has heard.

Nurse Sandie Peggie was suspended after she complained about having to share a changing-room with transgender medic Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife, 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.

Dr Maggie Currer, deputy clinical lead at NHS Fife, gave evidence to the tribunal in Dundee on Friday.

She said she sent a “need-to-know” email about the incident to five members of the senior leadership team on January 5, 2024 and suggested “HR would be the most appropriate people to contact”.

She disputed an assertion put to her by Jane Russell KC, representing NHS Fife and Dr Upton, that the health board “permits staff to use facilities which align with gender identity”.

Dr Currer said: “That hasn’t been my experience, I think it is considered on a case-by-case basis.”

Her email described the Christmas Eve dispute as “similar” to an incident of a patient racially abusing a doctor, the tribunal heard.

Dr Currer said: “My understanding is incidents of aggressive or abusive behaviour directed to anyone of a protected characteristic could be considered to be a hate crime.”

She told the tribunal she believed she had been informed of the dispute as she had worked at NHS Fife for 15 years.

Dr Currer said she was aware of Ms Peggie’s gender-critical views as she had overheard her talking about them.

She said: “I was aware. I was aware by report, from directly overhearing. I have also heard Ms Peggie directly articulate those views.

“This is from memory and some time ago, but I have certainly heard Ms Peggie articulate that it was not possible to change your sex.”

She said she first met Dr Upton during a teaching session and the junior doctor had made a disclosure about her trans identity.

Dr Currer said: “Dr Upton said to me, was I aware she was trans, she said she just wanted to let me know.”

The consultant also said she had contacted equality lead Isla Bumba by telephone in August 2023 about Dr Upton’s right to use female changing facilities.

The tribunal continues.