Trans doctor receives counselling due to the 'incredible distress' of NHS gender tribunal
A trans doctor at the centre of a landmark employment tribunal has claimed the distress of giving evidence forced the medic to undergo counselling.
Dr Beth Upton has defiantly spoke out to say 'trans people are not going anywhere' after revealing plans for the money raised by a crowdfunder.
Dr Upton, who was born a man, and Fife Health Board are accused of breaching the Equality Act after forcing nurse Sandie Peggie to get changed alongside the trans medic.
Mrs Peggie, 50, was suspended from her job at NHS Fife after challenging Dr Upton's presence in the women's only facilities at Victoria Hospital in Kirkcaldy.
She has lodged a claim of sexual harassment, discrimination and victimisation at an employment tribunal.
Although Dr Upton has given evidence to the tribunal, the medic has so far failed to comment on the proceedings outside of the court room.
The 30-year-old has broken cover to tell supporters they should 'seize any chance to demonstrate that we're [trans people] here, we are loved, and we're not going anywhere'.
In a message to those who donated almost £6,000 to a crowdfunder titled: 'Love and treats for Dr Beth Upton', the doctor on Wednesday said the tribunal had been 'incredibly distressing' but urged supporters not to give up the fight.
The medic wrote: 'First, I want to say a huge thank you to everyone for your kindness and generosity.
'The whole experience has been incredibly distressing and knowing there are people out there who support me and my community means the world to me.
'While this has been a huge personal struggle, I think it's also important to acknowledge the wider context the case exists in and the potential for its effects to impact many in the trans community and beyond.
'I feel we should seize any chance to demonstrate that we're here, we are loved, and we're not going anywhere.'
Dr Upton said half of the £5,807 raised for their cause would go towards paying for counselling and time taken off by the medic's wife.
It is understood the doctor's legal fees are being covered by the taxpayer via the NHS's Central Legal Office.
The doctor wrote: 'Both my wife and I have been blown away by the support shown by all of you and have carefully considered how best to use the funds raised through this thoughtful gesture.
'We believe it's important, given our position, to share that kindness with others.
'With that in mind, we intend to divide the money roughly into two, using half to cover our practical costs related to the tribunal and surrounding experience (e.g. counselling, loss of earnings for my wife, travel and accommodation) and the other half we intend to split amongst several local charities and community groups working to support vulnerable people.
'We must not forget that the rights we do have have been hard fought for and we must continue to fight for those rights and for the rights of others. We must remember that we know ourselves better than others can ever know us and nothing can change who we know ourselves to be.'
The message was signed off by Dr Upton and Zoe, the medic's wife, with the words 'love and solidarity'.
The employment hearing in Dundee, which will resume in July, was launched before last month's Supreme Court ruling that clarified that the meaning of 'sex' in equalities law refers solely to 'biological' sex.
The nurse lodged a claim against the health board and Dr Upton, citing the Equality Act 2010, including sexual harassment, discrimination and victimisation.
The Mail revealed last week how Mrs Peggie is also suing the Royal College of Nursing for failing to help her in her battle against Fife Health Board.
An equivalent fundraiser for Mrs Peggie has garnered around £38,000 worth of donations - all of which is set to go to charity.
Last night, Susan Smith of campaign group For Women Scotland said: 'Dr Upton continues to pretend he is the victim, saying the experience has been 'incredibly distressing' and a 'huge personal struggle'.
'Reading this, one might forget the distress caused to a female nurse who objected to his presence in the women's changing room, and the compromise to her dignity and privacy.
'As for a 'struggle', Ms Peggie has the weight of the NHS against her and was unsupported by her own Union.
'Dr Upton, backed by managers and senior colleagues, is certainly not the underdog in this sorry tale and, moreover, pushed the hospital to take action against Sandie.'
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