Nurse who objected to transgender woman in changing room admits harassment

A nurse suspended for objecting to a transgender woman doctor using female changing rooms has admitted being guilty of harassment under workplace policies, but denied comparing the doctor to convicted rapist Isla Bryson, a tribunal heard.

Sandie Peggie, who has worked at the Victoria Hospital in Kirkcaldy, Fife, for 30 years, took Fife Health Board and Dr Beth Upton to an employment tribunal after being suspended over an incident on Christmas Eve 2023 in the female changing rooms.

Dr Upton began working with Ms Peggie in the A&E department in August 2023, before three incidents in the female changing rooms, the tribunal heard.

Ms Peggie said her issues were not with Dr Upton but with sharing the female changing room, and she took issue with NHS decision-making, the tribunal in Dundee was told.

The nurse lodged a complaint of sexual harassment or harassment related to a protected beliefs under the Equality Act 2010 regarding three incidents when they were in the changing room together; indirect harassment; victimisation; and whistleblowing.

Ms Peggie told the tribunal 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.

Giving evidence, 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.

However, giving evidence, 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.”

Ms Peggie said: “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 Fife Health Board, 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 said: “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.”

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.

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 said: “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 said: “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.”

Bryson was initially sent to the all-female Cornton Vale prison outside Stirling, before being transferred to a male prison.

The court heard Dr Upton sent an email on Christmas Day, which said: “I don’t feel safe using the changing room when she’s there,” while another doctor said Dr Upton was “extremely distressed”.

Dr Upton put in a complaint on December 30, and Ms Peggie was placed on “special leave”, the court heard.

Ms Russell said: “You are the only person in this case who is guilty of harassment under the policy.”

Ms Peggie said: “Yes.”

The court heard Ms Peggie made a complaint on February 15 claiming it was “harassment” that she was put on special leave.

Ms Russell said: “Calling a transwoman a man and comparing her to a biological man in a prison who is also a rapist is derogatory.”

Ms Peggie said: “It’s telling the truth.”

The tribunal heard the nurse’s “strong political opinions” were known including admiring Donald Trump, and her husband had posted on Facebook “mocking” transgender women – however, she insisted neither of them would wish to upset anyone.

Ms Russell said a report from an interview had said: “SP (Sandie Peggie) has very strong opinions and is vocal about them including her admiration for Donald Trump.”

Ms Peggie said: “Yes that’s correct,” but added: “I would not have deliberately tried to upset other people.”

Ms Russell cited two pictures posted on Facebook by Ms Peggie’s husband and said they were “evidence of deeply unpleasant attitudes towards transwomen”. However, Ms Peggie described it as “banter”, the court heard.

Ms Russell said: “You share his (Ms Peggie’s husband’s) attitudes towards trans people don’t you?”

Ms Peggie denied this, and added: “My daughter’s gay. I’ve got no homophobic views.”

An investigation took nine months due to absences from an HR worker and a change in shifts was due to “patient care”, the court heard.

Ms Peggie previously said moving her shifts was “trying to make it difficult”, however, the tribunal heard that allegations regarding patient safety meant it was necessary she was supervised and that confidentiality was standard.

Ms Russell said: “All of those (shift changes) you say were harassment and victimisation.

“The reason they did that wasn’t do with beliefs it was to do with patient care.”

Ms Russell added: “Nothing’s happened to you, you’ve not been sacked.”

Ms Peggie said: “I’ve not done anything to be sacked. I don’t believe after 30 years there’s concerns about patient care.”

Ms Russell said: “None of that portrays that they’re trying to get at you because of your beliefs or your sex does it?”

The tribunal continues.