A transgender NHS doctor, Dr. Beth Upton, has claimed to be biologically female, despite being male.
The issue emerged when Sandie Peggie, a female nurse, alleged that she experienced harassment after being required to share a female changing room with Upton at Victoria Hospital in Kirkcaldy, UK, reports the Telegraph.
During an employment tribunal, Upton argued that sex has “no defined or agreed meaning in science” and maintained that her use of the changing room did not infringe upon anyone’s privacy. Peggie did not feel this way.
Peggie’s lawyer, Naomi Cunningham, pushed back on the claim, noting that some women might feel uneasy about sharing the space with someone assigned male at birth. In response, Upton stated, "I am not male. My presence is not an invasion of privacy, but I can't speak for how they feel," according to the BBC.
Upton, who began transitioning in 2022 and started working at the hospital in August 2023, argued that a Gender Recognition Certificate should not be necessary for a trans person’s identity to be acknowledged and respected.
Upton further said that unease around transgender individuals should not automatically override their right to access gender-aligned facilities.
Peggie, however, insisted that being required to change in the same room as the male Upton constituted unlawful harassment under the Equality Act. Following the dispute, the health board suspended Peggie in January 2024 for alleged bullying and harassment.
Upton also expressed concerns about segregating transgender individuals into separate spaces, suggesting that such a practice could be “othering.” Instead, Upton proposed that the best solution for all employees would be individual, lockable cubicles.
