Converting room trans row nurse tells tribunal she felt intimidated

A Fife nurse who used to be suspended after complaining about sharing a converting room with a transgender colleague has begun giving proof at an employment tribunal.

Sandie Peggie claims being made to get modified beside Dr Beth Upton – who’s a trans girl – amounted to illegal harassment below the Equality Act.

Ms Peggie instructed the primary day of the tribunal that she felt “embarrassed and intimidated” when Dr Upton began getting modified within the room at Victoria Sanatorium, Kirkcaldy, in December 2023.

The nurse’s declare is disputed through NHS Fife, which has described the case as pointless and vexatious.

Dr Upton complained to the well being board about Ms Peggie’s behaviour after the trade within the converting room, claiming that it used to be bullying.

Ms Peggie used to be placed on depart after which suspended in January 2024 pending an investigation. The well being board inspired her to go back to paintings at a unique health center in March final yr.

Ms Peggie stated it used to be discriminatory for Dr Upton, who used to be no longer registered feminine at delivery, to make use of the ladies’s converting room.

She claims she used to be “subjected to sexual harassment” through the medic and that NHS Fife had breached the Equality Act.

NHS steerage states that trans women and men are allowed to make use of the converting rooms that align with their gender id.

Dr Upton and NHS Fife had requested Pass judgement on Antoine Tinnion, the employment pass judgement on presiding over the case, to carry the tribunal in personal to give protection to the identities of the ones concerned.

Alternatively, Ms Peggie effectively argued that the tribunal must be heard in public.

Some other pass judgement on dominated that Ms Peggie used to be allowed to confer with Dr Upton as a person all the way through the tribunal, so long as it used to be no longer performed “offensively” or “gratuitously”.

Dr Upton’s prison workforce stated that the medic used to be deeply harm through being misgendered.

However Pass judgement on Sandy Kemp dominated in Ms Peggie’s favour, whilst acknowledging it could be “painful and distressing” for Dr Upton – whose prison workforce will have the ability to confer with their consumer as feminine.

Ms Peggie, who has been a nurse at NHS Fife for greater than 30 years, instructed the tribunal that she felt uncomfortable when she encountered Dr Upton within the converting room on 3 events.

In August 2023, she opened the door to the converting room and noticed the medic inside of.

She stated she felt “uncomfortable and embarrassed” with the theory of undressing in entrance of Dr Upton and stepped again out into the corridor.

Ms Peggie stated she used to be “dissatisfied” that the medic used to be allowed to make use of the room.

She raised the topic along with her line supervisor, who sounded supportive and instructed her that she would “get it looked after”.

In every other come upon in past due October or early November 2023, the nurse stated she used to be dressed in a bra and paintings trousers within the converting room when Dr Upton walked in.

She instructed the tribunal that she temporarily put her paintings most sensible again on and left the room as a result of she felt “embarrassed”.

“I stood within the hall looking forward to Beth to return out,” she stated.

She claimed different feminine participants of workforce had expressed discomfort with Dr Upton the use of the ladies’s converting rooms.

After the second one come upon, Ms Peggie adopted up along with her line supervisor in regards to the topic.

“I used to be unsatisfied to be installed that scenario once more,” she stated.

Ms Peggie stated she have been left on my own within the converting room with Dr Upton on Christmas Eve in 2023 after two different participants of workforce left.

“Beth began to undress and I attempted to keep away from taking a look at him and grew to become my head against my locker,” she instructed the tribunal.

“I instructed Beth I felt it used to be unacceptable that he used to be within the feminine converting house. I instructed him I used to be embarrassed and intimidated and I did not assume he must’ve been in there.

“Beth knowledgeable me that he had as a lot proper to be there as I did. I instructed him that wasn’t true and if I sought after to get modified in entrance of a person, I’d have went to the male converting rooms.”

The precise phrases exchanged has been disputed through all sides.

The next week, Ms Peggie used to be knowledgeable {that a} critical grievance of bullying have been made in opposition to her and he or she assumed it used to be through Dr Upton.

“I felt extra stunned than the rest,” she instructed the tribunal.

“I did not really feel that there used to be any bullying concerned. I simply felt it used to be extra of a dialogue, one thing that Beth and I could not agree on.”

The nurse used to be placed on particular depart and suspended a couple of days later.

She stated she had no longer been requested for her aspect of the tale and criticised how lengthy the investigation into the bullying allegations had taken.

“I felt they have been suspending my suspension and looking to make issues tough for me returning,” she stated.

Ms Peggie additionally refuted claims she had unnoticed Dr Upton or refused to make eye touch with the medic.

She said that Dr Upton had a just right popularity within the health center and stated she didn’t have any non-public issues of the physician.

The tribunal, which is anticipated to final 10 days, continues.