The NHS is attempting to ban a nurse from referring to a transgender doctor as a man in a legal battle.
A lawyer representing NHS Fife said an order should be imposed to prevent Sandie Peggie from referring to Beth Upton with male pronouns or terminology in employment tribunal hearings next month. Upton is a biologically male doctor who identifies as female.
Jane Russell, acting for Upton, said that the “gratuitous misgendering” from Peggie and her legal team had caused her client “pain” and “harm”.
She accused them of “contributing to a climate of hostility and hatred towards trans people”.
Russell urged employment judge Sandy Kemp to impose an order which would force Peggie and her lawyers to use “neutral” terms to refer to Upton, despite the court hearing that Peggie’s belief that Upton is a man was “central” to the case.
The case revolves around three incidents in 2023 in which Peggie saw Upton in the female changing rooms at Victoria Hospital in Kirkcaldy.
The nurse expressed objections due to her belief that Upton is a male and therefore should not be in female facilities.
A confrontation on Christmas Eve 2023 took place where Upton said “[I have] as much right to be there” as Peggie.
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This led to Peggie being suspended from her job and investigated for bullying.
Russell claimed it was a “simply a matter of courtesy” to use a persons preferred pronouns and said that allowing Peggie and her team to continue misgendering Upton would amount to “state-sanctioned harassment”.
She said: “I find that very concerning, and it caused the second respondent [Dr Upton], much pain and much distress after the last hearing.”
“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, which is actively harmful and has actively harmed the second respondent. It shouldn’t be allowed,” she added.
She claimed it was unacceptable for a party to litigation and a witness to “face harassment” during a tribunal hearing.
She told Kemp: “Certainly, I would feel very uncomfortable being a party to state-sanctioned harassment, and I urge you not to go down that path.”
Peggie's lawyers said the attempt to restrict their language was “wholly unreasonable,” saying that they were not seeking to “police” their opponents by making them use male pronouns.
An attempt by the health board and Upton to hold private proceedings had already been thrown out.
Peggie said that when she first met Upton it was obvious the doctor “looks like a man”.
Upton denied this, saying not all staff were aware they are transgender.
Naomi Cunningham, representing Peggie, said: “This question of whether Dr Upton is a woman, in any meaningful or salient sense, is right at the heart of the claimant’s case.”
She claimed that allowing Peggie to use “correct-sex pronouns” was crucial to the case.
“We don’t seek to police Ms Russell’s language, they are entitled if they wish to use preferred pronouns, even if they are counter-factual,” she added.
Kemp said he would issue a ruling on the issue of language in the next few days.
The 10 day tribunal is set to begin on Febuary 3.
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A lawyer representing NHS Fife said an order should be imposed to prevent Sandie Peggie from referring to Beth Upton with male pronouns or terminology in employment tribunal hearings next month. Upton is a biologically male doctor who identifies as female.
Jane Russell, acting for Upton, said that the “gratuitous misgendering” from Peggie and her legal team had caused her client “pain” and “harm”.
She accused them of “contributing to a climate of hostility and hatred towards trans people”.
Russell urged employment judge Sandy Kemp to impose an order which would force Peggie and her lawyers to use “neutral” terms to refer to Upton, despite the court hearing that Peggie’s belief that Upton is a man was “central” to the case.
The case revolves around three incidents in 2023 in which Peggie saw Upton in the female changing rooms at Victoria Hospital in Kirkcaldy.
The nurse expressed objections due to her belief that Upton is a male and therefore should not be in female facilities.
A confrontation on Christmas Eve 2023 took place where Upton said “[I have] as much right to be there” as Peggie.
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This led to Peggie being suspended from her job and investigated for bullying.
Russell claimed it was a “simply a matter of courtesy” to use a persons preferred pronouns and said that allowing Peggie and her team to continue misgendering Upton would amount to “state-sanctioned harassment”.
She said: “I find that very concerning, and it caused the second respondent [Dr Upton], much pain and much distress after the last hearing.”
“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, which is actively harmful and has actively harmed the second respondent. It shouldn’t be allowed,” she added.
She claimed it was unacceptable for a party to litigation and a witness to “face harassment” during a tribunal hearing.
She told Kemp: “Certainly, I would feel very uncomfortable being a party to state-sanctioned harassment, and I urge you not to go down that path.”
Peggie's lawyers said the attempt to restrict their language was “wholly unreasonable,” saying that they were not seeking to “police” their opponents by making them use male pronouns.
An attempt by the health board and Upton to hold private proceedings had already been thrown out.
Peggie said that when she first met Upton it was obvious the doctor “looks like a man”.
Upton denied this, saying not all staff were aware they are transgender.
Naomi Cunningham, representing Peggie, said: “This question of whether Dr Upton is a woman, in any meaningful or salient sense, is right at the heart of the claimant’s case.”
She claimed that allowing Peggie to use “correct-sex pronouns” was crucial to the case.
“We don’t seek to police Ms Russell’s language, they are entitled if they wish to use preferred pronouns, even if they are counter-factual,” she added.
Kemp said he would issue a ruling on the issue of language in the next few days.
The 10 day tribunal is set to begin on Febuary 3.
Find Out More...