Partial victory for nurse in NHS trans changing room row

A nurse who objected to sharing a female changing room with a transgender doctor has won a claim for harassment against NHS Fife but other allegations of discrimination and victimisation were dismissed.

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An employment tribunal judgement outlined four ways in which NHS Fife harassed Ms Peggie but dismissed the other allegations against the health board and all claims against Dr Upton. Ms Peggie welcomed the decision and said the past two years had been “agonising”, while NHS Fife said it would take time to work through the details.

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In a written judgement on Monday, the tribunal found that NHS Fife had harassed Ms Peggie in a number of ways. It said that when she complained to her employers about Dr Upton using the women’s changing rooms, permission should have been revoked on an interim basis. It said the NHS should have stopped allowing Dr Upton to use the changing area until different work rotas took effect – at which point they wouldn’t be working together.

The tribunal also ruled that the health board had taken an unreasonable time to investigate the claims against her and that officials were wrong to tell her not to discuss the case. The health board’s reference to unproven claims that Ms Peggie had put patients at risk was also deemed to amount to harassment. However, Ms Peggie’s claims of discrimination and victimisation by NHS Fife did not succeed and were dismissed, as was her claim against Dr Upton.

That last part is annoying.