Employment tribunal brought by nurse over trans doctor to resume

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An employment tribunal brought by a nurse against a health board over a transgender doctor using a female changing room is set to resume on Wednesday.

Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the NHS Fife hospital where they both worked.

She took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.

Employment tribunal hearings took place in Dundee in February and it was then adjourned until July.

Ms Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year.

The tribunal resumes after the UK Supreme Court ruled in April that the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”, a ruling which has been publicly welcomed by Ms Peggie.

The hearing starts again on Wednesday in Dundee and is expected to last 11 days.

Last week it emerged NHS Fife has spent more than £220,000 defending itself in the employment tribunal.

The extent of the costs was uncovered following an intervention by Scotland’s information commissioner.