Transgender doctor is ‘chromosomally male', consultant tells tribunal
She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about 'patient care'.
Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation.
At an employment tribunal in Dundee on Tuesday, emergency department consultant Dr Maggie Currer was cross-examined by Ms Peggie's lawyer, Naomi Cunningham.
The consultant said she did not advise staff that Dr Upton would be allowed to use female changing facilities as she 'did not think it was reasonable to violate someone's confidentiality'.
The consultant disagreed this made it harder for staff to object.
She rejected a suggestion that terminology such as the word 'bigot' was used in the department regarding attitudes towards gender.
Dr Currer also said it was an 'error' that she wrote in an email to colleagues that Ms Peggie had been referred to the Nursing and Midwifery Council on January 5 2023, and added: 'I was aware she hadn't been so that is indeed an error.'
She added: 'In hindsight I could have checked with medical staff whether or not they were going to be comfortable with Dr Upton using the female changing rooms.
'No concerns were raised with me at the time; there are other spaces which people can use to change.
'I'm still not sure that advertising Dr Upton's trans status would have been the right thing to do.'
Ms Cunningham said: 'Someone had to be the first to object, this was an environment where senior staff were insisting that trans women were women and only a bigot would deny that. Objecting is going to take real courage isn't it?'
Dr Currer said: 'I don't think that terminology was ever used – that only a bigot would deny that.'
Ms Cunningham put it to her that 'Dr Upton is quite simply biologically male'.
Dr Currer said: 'She's chromosomally male, as far as I'm aware.
'Although I've not examined Dr Upton she's also in terms of genitalia male, but I have not examined her.'
The tribunal continues.
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The Herald Scotland
6 hours ago
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The ongoing employment tribunal heard the nurse was not deemed to be a risk to trans patients. Sign up to our Politics newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... The Equality Act is a 'grey area', according to the NHS Fife manager who lifted nurse Sandie Peggie's suspension. The ongoing employment tribunal between the nurse, trans doctor Beth Upton, and NHS Fife was also told Ms Peggie was not deemed to be a risk to trans patients. Advertisement Hide Ad Advertisement Hide Ad Lottie Myles, service manager at NHS Fife, was questioned by the tribunal on Monday. Ms Peggie is suing the health board and Dr Upton after she was suspended following a row between the pair over Dr Upton's use of the female changing rooms on Christmas Eve, 2023. Nurse Sandie Peggie | JeffDuring her evidence, Ms Myles said she had researched the Equality Act 2010 for a better understanding of the law, but admitted 'it is a grey area within a lot of workplaces'. She added: 'I felt reassured in my research that the elements regarding gender recognition say we are to treat the person in the sex they identify as. I didn't want to breach legislation and I wanted to have both parties treated fairly and equally.' In April, the UK Supreme Court ruled that the terms 'sex' and 'women' refers to biological sex only. Transgender remains a protected characteristic under this legislation. Advertisement Hide Ad Advertisement Hide Ad Ms Peggie was suspended over allegations of bullying and harassment just days after the changing room incident on Christmas Eve. 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There were also suggestions Ms Peggie, who had worked night shifts, be moved to day shifts so she could be supervised by senior nursing staff. Ms Peggie also objected to this as she needed a shift pattern that worked around her dog at home. A compromise was then found where Ms Peggie and Dr Upton were never on the rota at the same time. However, numerous members of staff within the emergency department then said they 'weren't happy' with Ms Myles's decision to allow Ms Peggie to return to work. Advertisement Hide Ad Advertisement Hide Ad Ms Myles said that Dr Kate Searle and Dr Maggie Currer both objected to her decision, while senior nurse managers Esther Davidson and Louise Curran 'similarly expressed' objections, but were not able to give an 'accurate response' regarding alleged patient safety concerns. She said she told Ms Peggie verbally on March 7 and in writing on March 12 that the suspension would be lifted. 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