Nurse denies using offensive terms about transwoman doctor

Fife: A nurse raised concerns about a transwoman doctor using the same changing room. Ms. Peggie, who has worked for the Fife Health Board since 1994, felt uncomfortable and left after three incidents in 2023.

She met Dr. Upton in August 2023 and described him as looking male. Ms. Peggie said she had little interaction with him. Colleagues shared her concerns, and a manager promised to address them.

The tribunal in Dundee heard that Ms. Peggie was suspended in January 2024 after an incident on Christmas Eve. She learned of the allegations at the end of February, and her suspension was reinstated in April.

After returning to work, the investigation continued until October. Ms. Peggie felt the process was delaying her return. She filed a claim against Fife Health Board and Dr. Upton, citing the Equality Act 2010.

On Monday, she denied using offensive language during the Christmas Eve incident. She stated she was already in the area when Dr. Upton entered the changing room.

Ms. Peggie mentioned a meeting on March 7 about her return. She had no issue with Dr. Upton working on the ward but was later told to move. Her request to return to night shifts was denied.

She felt the investigation made it difficult for her to return. Ms. Peggie had used the female changing room since 2012, which had a “women only” sign. She felt uncomfortable when Dr. Upton used the same changing room.

Ms. Peggie expressed embarrassment at seeing Dr. Upton in the changing room again. She spoke to her manager, who promised to help.

On Monday, her barrister requested to refer to Dr. Upton’s “dead name,” but the judge deferred the decision. In cross-examination, Ms. Peggie felt intimidated by Dr. Upton’s presence.

She denied allegations from another staff member about leaving the clinical area when Dr. Upton entered. Ms. Peggie stated she had no issue with the staff member but was uncomfortable with Dr. Upton in the changing room.

Ms. Peggie denied any discrimination or harassment towards Dr. Upton. The barrister for NHS Fife stated the complaint was about Dr. Upton’s presence, not actions.

Ms. Peggie confirmed this. She felt flustered when Dr. Upton entered the changing room. The barrister noted there was no physical abuse or harassment.

Ms. Peggie insisted it was unfair for her to be moved, as others felt uncomfortable too. The tribunal proceedings are ongoing.