In a landmark legal ruling, a tribunal has determined that a nurse, Sandie Peggie, is not obligated to use female pronouns for a transgender doctor, Beth Upton, in the context of an ongoing legal dispute. The case centers on Ms. Peggie’s claim that she was forced to change in front of Dr. Upton, whom she considers to be male, in the female changing rooms of Victoria Hospital, Kirkcaldy.
Key Tribunal Decision
Employment Judge Sandy Kemp rejected an application by NHS Fife that sought to compel Ms. Peggie and her legal team to use female pronouns or terms for Dr. Upton. The judge ruled that enforcing such terms would be unfair, as Ms. Peggie and her representatives view these terms as inaccurate.
Despite NHS Fife’s assertion that “misgendering” Dr. Upton would constitute unlawful harassment, the tribunal ruled that using male pronouns does not amount to harassment in itself. Judge Kemp emphasized that such language would only cross the line into harassment if it were used gratuitously, offensively, and repeatedly.
The judge also directed that the tribunal refer to Dr. Upton using “neutral” terms as standard practice, to avoid any perception of bias. However, this direction is not binding, and pronouns may be used when deemed appropriate.
Wider Implications
The case has drawn significant attention due to its implications for transgender access to female single-sex spaces in the workplace. Ms. Peggie has filed legal action against both NHS Fife and Dr. Upton personally, alleging that Dr. Upton’s presence in the female changing rooms on three occasions violated her rights.
Sex Matters, a campaign group supporting Ms. Peggie, criticized NHS Fife for its efforts to suppress public scrutiny of the case. Fiona McAnena, the group’s director of campaigns, said, “NHS Fife has tried hard to keep the case out of the news. They also tried to prevent Sandie from giving her evidence clearly and truthfully.”
Criticism of NHS Fife’s Approach
NHS Fife faced backlash for attempting to hold the proceedings in secret and for seeking to limit Ms. Peggie’s ability to present her case. Joanna Cherry, a lawyer and former SNP MP, called the health board’s actions “a shocking waste of public money,” emphasizing that “we don’t have compelled speech in Scotland.”
The tribunal also rejected NHS Fife’s request to ban Tribunal Tweets, a social media platform that provides live updates on gender-related cases. NHS Fife had raised concerns about the platform, claiming it could lead to partisan and offensive commentary on other sites like Mumsnet. Judge Kemp ruled that Tribunal Tweets could continue reporting updates, provided they are “fair and accurate.”
Broader Debate on Misgendering
Judge Kemp acknowledged that “misgendering” could cause “pain and distress” to Dr. Upton, but ruled that such language does not inherently amount to unlawful harassment in an employment tribunal setting. He suggested, however, that Ms. Peggie and her team reflect on whether using male pronouns for Dr. Upton is “necessary or appropriate.”
This ruling sets a significant precedent for how gender-related disputes are handled in employment tribunals and how speech and pronouns are regulated in legal proceedings. The hearings are ongoing, and the outcome of the case may have far-reaching implications for policies governing transgender rights and single-sex spaces in the workplace.
