A nurse who was suspended after complaining about sharing a changing room with a transgender colleague has admitted being guilty of harassment under workplace policies, but denied comparing the doctor to convicted rapist Isla Bryson, an employment tribunal heard.
Sandie Peggie was suspended from Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Beth Upton – a transwoman – using the changing facilities in the A&E department on Christmas Eve 2023.
The tribunal in Dundee heard the doctor began working with Ms Peggie in the department in August of that year, before three incidents in the changing room.
Ms Peggie told the hearing on Tuesday her issues were not with Dr Upton but with sharing the changing facilities, and she took issue with NHS decision-making.
The nurse lodged a complaint of sexual harassment or harassment related to protected beliefs under the Equality Act 2010 regarding the three incidents – indirect harassment; victimisation; and whistleblowing.
Ms Peggie said she believed Dr Upton was a man, and admitted she was the only person involved who would have been guilty of committing harassment under a workplace policy.
Referring to Dr Upton using male pronouns – after a previous legal battle allowed her to refer to her as a man – Ms Peggie said: “I didn’t want to leave the changing room because of the situation I was in with menstruation.
“I’ve never been scared of Beth – I was intimidated when he started taking his clothes off and I was in an embarrassing situation.
“He has a male presence and I don’t want to be alone with a male taking his clothes off.”
The tribunal heard she initiated a conversation where Dr Upton “sympathised” and told her to raise it through the proper channels.
‘I don’t have a problem with trans people’
However, Ms Peggie said: “I think it was appropriate to call Beth a man. In the situation I was in, he would never be able to understand.”
She added: “I don’t have a problem with trans people and I didn’t have a problem with Beth until I found him in the female changing rooms.”
Under questioning from lawyer Jane Russell KC, representing Dr Upton and NHS Fife, Ms Peggie said: “Most of the staff were aware that I didn’t like Beth going into the changing room.
“I don’t have a problem with Beth’s gender status, the only problem I had was Beth being allowed to be in the changing room.”
Ms Russell said: “You didn’t want Beth to be in there. What you didn’t like is that a transwoman had been given permission to be in there.”
Ms Peggie replied: “My objection was Beth had been allowed by the NHS to come into a female changing area. It’s more about the NHS allowing Beth to come into a female area.”
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‘You compared Beth to Isla Bryson’
She told the tribunal when she made a comment about “a biological man in a women’s prison”, she did not know the case involved transgender rapist Isla Bryson, who was jailed for eight years in 2023 for raping two women pre-transition.
Scottish Prison Service (SPS) guidance at the time saw Bryson initially housed in segregation at Cornton Vale women’s prison near Stirling while awaiting sentencing.
Bryson was quickly moved to the male estate following a public outcry, with the scandal engulfing the final weeks of Nicola Sturgeon’s premiership as first minister.
Ms Russell said: “You suggested that Beth’s presence in a female changing room is akin to a rapist being in a women’s prison. It’s correct you compared Beth to Isla Bryson, who is a rapist.”
Ms Peggie replied: “I couldn’t remember Isla Bryson’s name or the case, but I could remember that a biological man had been imprisoned in a female prison.”
Ms Russell said: “You compared Beth to a biological man in a women’s prison who is also a convicted rapist.”
Ms Peggie replied: “I knew it was a biological man in a women’s prison and there was a disturbance around it. Because biological women are opposed to men being in their spaces.”
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‘I’ve got no homophobic views’
The court heard Dr Upton sent an email on Christmas Day, which read: “I don’t feel safe using the changing room when she’s there,” while another doctor said Dr Upton was “extremely distressed”.
Dr Upton lodged a complaint on 30 December, and Ms Peggie was placed on “special leave”.
Ms Russell said: “You are the only person in this case who is guilty of harassment under the policy.”
Ms Peggie replied: “Yes.”
The tribunal heard Ms Peggie made a complaint on 15 February claiming it was “harassment” that she was put on special leave.
The hearing also heard the nurse’s “strong political opinions” were known, including admiring Donald Trump.
Her husband had also posted on Facebook “mocking” transgender women; however she insisted neither of them would wish to upset anyone and described it as “banter”.
Ms Peggie said: “My daughter’s gay. I’ve got no homophobic views.”
The tribunal continues.
