Nurse is allowed to misgender transgender doctor throughout legal proceedings, judge rules
Victoria Hospital in Kirkcaldy (NHS Fife)
An employment judge has ruled that a nurse is allowed to misgender a transgender doctor throughout legal proceedings over her objection to trans women using female changing rooms.
Nurse Sandie Peggie launched an employment tribunal after she objected to transgender doctor Beth Upton using the women’s changing rooms at the A&E at Victoria Hospital in Kirkcaldy, Fife.
She claimed that she felt intimidated and embarrassed by Dr Upton using the changing room that aligned with her gender, despite Dr Upton having the right to do so.
During an incident on Christmas Eve in 2023, the two reportedly “exchanged words”, with Dr Upton then reaching out to NHS Fife for support.
Peggie was subsequently suspended from January 2024 until April 2024, going on to take NHS Fife and Dr Upton to an employment tribunal, claiming that she was harassed. NHS Fife reportedly rejected Peggie’s claims that she was harassed, adding that her decision to take legal action and name Dr Upton as “both unnecessary and vexatious.”
Now, employment judge Sandy Kemp has ruled that Peggie can misgender Dr Upton throughout the tribunal, adding that misgendering does not constitute harassment, The Telegraph reported.
The judge reportedly rejected an NHS request to impose an order on Peggie which would have prevented her from misgendering Dr Upton, with judge Kemp stating that forcing Peggie and her lawyers to use terms they consider “inaccurate” would be unfair.
Kemp acknowledged that misgendering Dr Upton could prove “painful and distressing” for the doctor, however said he was not certain that misgendering could amount to unlawful harassment.
“Contributing to a climate of hostility and hatred towards trans people”
Kemp added that the bar for harassment could be met if male pronouns were used for Dr Upton “gratuitously and offensively on a repeated basis”. He added that Peggie and her lawyers “may wish to reflect” on whether it was “necessary or appropriate” to misgender Dr Upton, even though they are legally permitted to do so.
Jane Russell, who represents NHS Fife and Dr Upton, stated that the “gratuitous misgendering” from Peggie and her legal team had caused “pain” and “harm”, adding that it is “simply a matter of courtesy” to use the correct pronouns.
“I’m afraid the way the claimant and her representatives are conducting this case is a form of activism, that in my submission, is contributing to a climate of hostility and hatred towards trans people… it shouldn’t be allowed,” she said.
A ten-day hearing is set to begin on 3 February.
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