Lawyers representing an NHS board have argued there is “no evidence” that women are harmed by sharing female-only spaces with transgender women. The case centres on Sandie Peggie, a nurse suspended after raising concerns about sharing a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. Ms Peggie was placed on special leave following allegations of bullying and harassment made by Dr Upton, who identifies as a woman, and cited concerns over patient care. She has since lodged a claim against NHS Fife and Dr Upton under the Equality Act 2010, citing sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.
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During closing submissions at the Dundee tribunal, Jane Russell KC, representing Dr Upton, challenged the arguments presented by Ms Peggie’s legal team that transgender women should be excluded from women-only spaces. She told the panel: “There’s no evidence that trans women being in changing rooms harms women. There’s no evidence that women in general even have a problem with sharing such spaces with trans people as a matter of generality.” Ms Russell cited testimony from Charlotte Myles, a clinical service manager at NHS Fife, who shared a rugby changing room with transgender players.
Ms Russell also highlighted the conduct of Ms Peggie towards Dr Upton, describing it as “far too far” to merit protection under the Equality Act. She said the nurse repeatedly misgendered Dr Upton and caused “gratuitous harm” by questioning her about chromosomes. Ms Russell criticised a reference Ms Peggie made to convicted rapist Isla Bryson, calling it a “hurtful, harmful and damaging slur,” and emphasised the need for nurses to act with kindness and respect in professional settings, particularly when handling sensitive matters relating to transition.
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The nurse’s lawyer, Naomi Cunningham, accused NHS Fife of a “witch hunt” against Ms Peggie for asserting her right not to undress in front of a transgender colleague. Ms Russell countered that witnesses from the board “strenuously denied” such claims. Neither Ms Peggie nor Dr Upton are expected to return to give evidence this week. Deliberations on the outcome of the case are not due until 14 October at the earliest, with a written judgment expected later in the autumn.
