In December 2023, a nurse working at Victoria Hospital in Kirkcaldy, Scotland, was left feeling extremely uncomfortable after discovering her colleague, Dr. Beth Upton, a trans woman, undressing in the female changing room.
Nurse Sandie Peggie, who has worked with NHS Fife since 1994, claims that the encounter amounted to unlawful harassment under the Equality Act.
According to Ms Peggie, the situation arose when she entered the changing room on Christmas Eve and found Dr. Upton preparing to undress.
Feeling uneasy, Ms Peggie looked away and immediately challenged Dr. Upton’s presence, stating she felt uncomfortable changing in front of a man.
A History of Discomfort and Embarrassment
This was not the first time Ms Peggie had encountered Dr. Upton in the changing room.
The nurse explained to the tribunal that in August 2023, she had opened the changing room door to find Dr. Upton inside, and, feeling uncomfortable, she chose to wait outside in the corridor until Dr. Upton left
. Ms Peggie told the tribunal that she felt “embarrassed” and “unhappy” about Dr. Upton’s use of the female changing room, and she wasn’t the only one—she confided in a colleague that she didn’t want to change in front of a man.
The situation repeated itself in October 2023 when Dr. Upton entered the room while Ms Peggie was changing.
Again, Ms Peggie opted to leave and wait outside rather than continue in the presence of Dr. Upton.
The Christmas Eve Incident
On Christmas Eve, when Ms Peggie entered the changing room and saw Dr. Upton undressing, the nurse voiced her discomfort, saying she felt “embarrassed and intimidated” by the situation.
She claimed Dr. Upton responded by asserting that they had as much right to be in the room as Ms Peggie did.
This interaction reportedly led to Ms Peggie telling Dr. Upton that she would have used the male changing room if she had intended to change in front of a man.
Ms Peggie explained that she hoped Dr. Upton would understand her discomfort during the exchange, but things escalated when the nurse was put on leave and later suspended from her duties.
NHS Fife Responds
The tribunal, which is expected to last ten days, has heard from both sides of the issue.
NHS Fife representatives have declined to comment on the case directly but emphasized the importance of treating all employees with respect and care.
The organization reiterated its commitment to the welfare of its staff.
Meanwhile, the legal representative for Dr. Upton and NHS Fife, Jane Russell KC, questioned whether Ms Peggie’s refusal to work with Dr. Upton had negatively impacted patient care, particularly due to Dr. Upton’s trans status.
Ms Peggie, however, denied any personal animosity, stating she had never ignored Dr. Upton.
The Bigger Picture: Respect and Workplace Dynamics
This case raises critical questions about how to navigate workplace dynamics in diverse environments, especially when it involves gender identity.
Ms Peggie has pointed out that the changing room had a sign indicating it was for “women only,” and she felt her discomfort stemmed from Dr. Upton’s presence in that space.
The tribunal continues, and the outcome may have wider implications for workplace policies and the treatment of transgender employees.
The tribunal has already heard conflicting viewpoints, and a decision is pending.
NHS Fife’s stance is clear: both employees deserve to be treated with respect, and the organization continues to uphold its duty of care to all staff members.
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