continued to use female changing rooms" at a Scots hospital despite objections from another member of staff. Sandie Peggie took the Fife Health Board and Dr Beth Upton to tribunal following an incident in the female changing rooms at Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve, 2023.She lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation, and whistleblowing.
That came after she was suspended in January 2024 following Dr Upton making an allegation of bullying and harassment.Ms Peggie is represented by barrister Naomi Cunningham at a tribunal in Dundee.
Dr Upton gave evidence on Tuesday about concerns regarding a next shift on December 28 where Ms Peggie was scheduled to be working, and about an allegation regarding patient safety on December 18, and said: “I’m not making things up.”The tribunal heard that Dr Upton sent a message to line manager Dr Kate Searle in the early hours of Christmas Day saying, “I don’t feel safe using the changing rooms when she’s there”, but used the female changing rooms on December 28, when Ms Peggie was present.
An email sent by Dr Upton to the British Medical Association (BMA) on Boxing Day read: “I feel utterly alone in this situation as my superiors have yet to respond”, the tribunal heard.Ms Cunningham said: “On Christmas Eve you stood your ground and said you were entitled to be in the changing rooms, a few hours later you feel certain you don’t feel safe when she’s there but on December 28, decide to use changing room anyway.”Dr Upton said: “In the early hours of Christmas morning I was freaking out and trying to think of ways I could keep myself safe from further hostility … I thought I would put my big girl pants on and be brave.