A cisgender female nurse has lost the majority of her claims in an Employment Tribunal case against NHS Fife and a transgender doctor, a ruling that has angered prominent anti-transgender campaigners. The case centered on the nurse, Sandie Peggie, who was suspended after allegedly bullying Dr. Beth Upton, a transgender doctor with whom she had been asked to share changing facilities.
In a judgement reported by the Guardian, Judge Kemp ruled that the nurse had been harassed by the health board on four specific points, a finding that will be addressed in a future hearing to determine redress. However, the tribunal unanimously dismissed all of the nurse's claims against Dr. Upton personally and all other allegations against NHS Fife.
The ruling left campaigners like Maya Forstater "incandescent." Forstater told the Guardian she was disappointed, arguing the decision leaves organisations "in limbo." Throughout the proceedings, the judge permitted the nurse and her representatives from the campaign group Sex Matters to misgender Dr. Upton, citing their legal right to do so. However, he firmly rebuked the tactic, inviting them to consider whether it was “necessary or appropriate.”
Jane Russell, representing NHS Fife and Dr. Upton, argued the persistent misgendering caused “pain” and “harm,” stating it is “simply a matter of courtesy” to use correct pronouns. She contended the conduct of the case was "a form of activism" contributing to "a climate of hostility and hatred towards trans people."
Dr. Upton told the tribunal she sought "justice," not vengeance, and asserted that "trans people are not predators by nature of being themselves."
In a statement to the BBC, NHS Fife acknowledged the complex process and said it would review the judgement's details with its legal team. The health board noted the tribunal had dismissed all allegations against Dr. Upton and the board except for the four harassment findings.
LGBTQIA+ advocacy groups welcomed the ruling. Robin Moira White of the trans-led organisation Translucent called it a "very sensible, balanced judgement." She clarified the tribunal found the nurse had harassed the doctor, not vice versa, and stated it appropriately recognised that both trans people and gender-critical individuals have rights employers must balance. "This is showing trans people need to be accommodated appropriately in workplaces, be it toilets or be it changing rooms, and that can only be to the good," White said.
