The court hears nurse Sandy Peggy has been suspended and “sacrificed” after raising concerns that male Medic Beth Upton is permitted to use the women’s facilities.
Trans-identifying male doctor who caused nurse distress when transformed into Scotland’s employment court said that “science has no defined or agreed meaning” of gender and that he is “biologically female.” He said he insisted.
Sandy Peggy, a nurse who worked at Victoria Hospital in Kirkcardi in Fife for 30 years, was stopped when she confronted Dr. Beth Upton on Christmas Eve 2023 for being in a women’s changing room.
Peggy, the claimant for the case, took both Fife Health Board and Upton to court after the hospital boss agreed that Upton could use the women’s facility after he said he was a woman. .
Peggy’s complaints relate to three separate cases when she was sexually harassed or harassed due to her protected beliefs under the Equality Act and found herself in a woman’s changing room with Upton That means that it is.
“My big girl’s pants”
The nurse alleges she suffered from indirect harassment and damage after being suspended for allegations of bullying and Upton’s harassment.
Upton, known as the second respondent, gave evidence Monday and Tuesday in the courthouse in Dundee.
Judge Alexander Kemp raised questions about whether Upton’s permission to use women’s changing areas was “legal” action by the Fife Health Committee, the first respondent. He said there was.
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Both respondents are represented by KC Jane Russell.
The court wrote a self-disappointed emoji from a memo after Upton met Peggy when he began working in the hospital in August 2023, when nurses seemed “surprising” at his presence. I heard it was used.
In evidence Tuesday, Upton denied attempting to blackmail Peggy by continuing to use the women’s facilities, seeing her uncomfortable. I was able to keep myself safe from further hostility…I thought I would be brave in my big girl pants.
“Unfortunately, I wasn’t as brave as I thought.
The court said 28-foot-and-6-foot Upton used changing rooms after complaining to the hospital boss and felt that he was “unsafe” for Peggy, 50-foot-and-5-foot-high 4-inch Peggy I heard that it did.
Nurse Sandy Peggy was filmed outside the Employment Court on February 7, 2025, where she is filing a harassment and discrimination lawsuit against Dundee’s Fife Health Board.
Doctors denies being a man
Giving evidence on Monday, Upton repeatedly told the court that he was “biologically female” and that the gender identity certificate was “not necessary for the gender identity of a trans person to be verified or respected.” Ta.
Naomi Cunningham, barister who represents Peggy, told Upton: You are a man. At least some of those women may experience this as an invasion of privacy. ”
Upton replied: “I am not a man. It’s up to them why they may be uncomfortable with me. I oppose myself to being a man, and my presence in the changing room was what I am. They would oppose it being an invasion of privacy in their space.”
He added: “As a trans person, I know that people hold false information, bias, offensive, biased, or transphobic views about trans people. Some of them have those opinions. They may be working with people, and they may be unhappy.”
The doctors argued that sex was “assigned” at birth by the Medic, and that it is not a concept of “binary.”
“I’m not an obstetrician,” he added when he was pushed over whether the doctor was just offering “the best guess” about baby sex.
Upton’s lawyers branded the question “Demeaning and Wathful” no matter what surgical procedures were and rejected any attempt to assert that it was irrelevant to the question of whether Peggie was harassed or not. .
Cunningham told Upton: “Sandy Peggy and her colleagues insisted they would accept you without showing any signs of discomfort.
On November 21, 2022, the main entrance to NHS Fife Victoria Hospital in Kirkcardi, Scotland. PA
“The Ultimate Humiliation”
Cunningham drew similarities between forced others to pretend to believe a lie and George Orwell’s dystopian novel “1984.” Five. Winston Smith’s ultimate humiliation is to make sure that both he and the torturer should be wrong. ”
Russell disagreed, saying comparing Upton to a torturer in “1984” was worse than what the claimant did when comparing him to a convicted rapist.
Peggy previously said he had not directly compared to convicted rapist Isla Bryson.
Upton sent a complaint about Peggy to Dr. Kate Searle, the Line Manager, at 3:17am on Christmas 2023, and emailed the consultant on December 29th.
Cunningham said the email presented Upton as a “victim” and Peggy presented him as a “bully” before the investigation took place. The lawyer said it was a discriminatory act against nurses.
Peggy’s legal team revealed that she was sexually assaulted “several times” by the GP, and Upton was asked if it “justified” her discomfort.
He replied: “When someone has very serious trauma, it’s a very difficult situation. I don’t think it justifies exclude people.”
“A woman’s light empty”
Cunningham said Upton repeatedly raised the issue of court language and attempted to engage with Peggy and “assert control” rather than leaving.
She said Upton was “a man who doesn’t care about women’s boundaries and “and a complete empt to women’s physical autonomy and privacy”… in line with harassment behaviours against the claimant, and to female patients. Regarding his attitude.”
Cunningham said that both respondents are “willing to sacrifice privacy and dignity” to “examine” the concept of gender identity.
An NHS Fife spokesperson said the board considers it “inappropriate” to make full comment on the ongoing process, but “at the heart of this incident is two employees. It is important to recognize that there is and should be treated with kindness and respect. As an organization, NHS Fife is still committed to supporting the duty of care for all employees.”
The lawyer acting for Peggy questions whether the General Medical Council “falsify” public records after Upton switched his birth name from one of Theodores to Elizabeth. Ta. GMC said it had acted legally since the early 2000s to allow doctors to register gender changes.
Peggy is permitted to call Upton a man despite efforts by NHS Fife, despite efforts to impose orders that would prevent him from using male pronouns and conditions.
The court continues this week and will give a ruling that will be announced at a later date.
PA Media contributed to this report.
