Transgender doctor at centre of hospital changing room row tells tribunal presence was not an 'invasion of privacy'

1 month ago 19

A transgender doc astatine the centre of an employment tribunal has disagreed that their beingness successful a pistillate changing country was an "invasion of privacy".

The tribunal has been brought by caregiver Sandie Peggie, who was suspended from Victoria Hospital successful Kirkcaldy successful January 2024 aft objecting to Dr Beth Upton utilizing the changing facilities successful the A&E section connected Christmas Eve 2023.

The nurse, who was accused of bullying and harassment, has lodged a ailment against NHS Fife and Dr Upton of intersexual harassment oregon harassment related to protected beliefs nether the Equality Act 2010 regarding 3 changing country incidents - indirect harassment; victimisation; and whistleblowing.

At the tribunal successful Dundee connected Monday, Dr Upton said they had told enactment manager Dr Kate Searle astir their volition to usage the pistillate changing rooms, based connected "previous experiences", and support was obtained.

Barrister Naomi Cunningham, representing Ms Peggie, said: "You were good alert that immoderate of your pistillate colleagues mightiness not beryllium happy."

Dr Upton replied: "I would disagree. I americium alert that immoderate radical are uncomfortable with trans people, but I don't deliberation that automatically overrides a trans person's close to entree a changing country which aligns with their sex identity."

Ms Cunningham past said: "The crushed wherefore immoderate of your pistillate colleagues mightiness beryllium unhappy was obvious. You're male.

"At slightest immoderate of those women mightiness acquisition this arsenic an penetration of privacy."

Dr Upton replied: "I'm not male. Why they mightiness beryllium uncomfortable with maine is up to them.

"I would disagree that I'm antheral and would disagree that my beingness successful the changing country is an penetration of privateness successful their space."

While giving evidence, the doc repeatedly said they were "not male" and that a Gender Recognition Certificate should not beryllium "required for a trans person's sex individuality to beryllium validated oregon respected".

Dr Upton said: "Many of my pistillate colleagues see maine a woman."

The doc rejected an effort to inquire astir "surgical procedures".

Jane Russell KC, representing the wellness committee and Dr Upton, branded the question "demeaning and hurtful", adding: "This lawsuit is astir whether oregon not the claimant was harassed."

Ms Cunningham said: "The starting constituent is that an leader is not entitled to springiness an worker support to harass; whether oregon not the 2nd responsive had support to participate the women's changing country isn't relevant.

"What matters is what helium did and what its intent oregon effect was. He says helium was entitled to beryllium determination arsenic he's a woman.

"The claimant says he's not entitled to beryllium determination arsenic he's a man. It doesn't look to beryllium astir his aesculapian oregon surgical status."

Ms Russell argued that Dr Upton was "entitled to beryllium determination due to the fact that she was fixed permission", adding that "whether oregon not that was close oregon wrong" should beryllium taken up with NHS Fife who gave permission.

Judge Alexander Kemp said determination would beryllium questions connected whether support fixed by the wellness committee "was lawful".

Ms Cunningham said: "Insisting that Sandie Peggie and her colleagues judge you without showing immoderate motion of discomfort, that insistence that they unreal to judge thing everyone knows is false, is bullying oregon harassment."

But Dr Upton replied: "I haven't insisted they bash thing and nary I don't judge that's bullying oregon harassment."

Dr Upton described the Christmas Eve incidental arsenic "premeditated" and "sustained harassment".

The tribunal heard however Dr Upton sent a ailment to Dr Searle astatine 3.17am connected Christmas Day.

Dr Searle past emailed consultants connected 29 December, presenting Dr Upton "as the unfortunate and the claimant arsenic the bully earlier immoderate probe had taken place", which Ms Cunningham described arsenic "an enactment of discrimination".

It was disclosed by Ms Peggie's ineligible squad that the caregiver had been sexually assaulted "several times" by a GP, and Dr Upton was asked if that "justified" her feelings.

Dr Upton replied: "It's a precise hard concern erstwhile idiosyncratic has precise superior trauma. I bash not deliberation it justifies excluding people."

Ms Cunningham said the doc was trying to "assert dominance" by repeatedly raising issues astir connection successful the tribunal, and by engaging with Ms Peggie alternatively than leaving.

She said Dr Upton was a "man who does not attraction astir women's boundaries" and had "shown a implicit contempt for women's bodily autonomy and privacy... successful keeping with harassing behaviour towards the claimant", regarding attitudes to pistillate patients.

Ms Cunningham said some the doc and NHS Fife "had been consenting to sacrifice privateness and dignity" to "validate" sex identity.

The tribunal continues.

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