A lawyer representing NHS nurse Sandie Peggie has argued that trans women should be excluded from women-only spaces because they are "still men" during closing submissions at an employment tribunal. Naomi Cunningham told the Dundee tribunal on Monday that trans women are "men" both "legally and factually".
Ms Peggie was suspended by NHS Fife after complaining about sharing a changing room with Dr Beth Upton, a trans colleague, at Victoria Hospital in Kirkcaldy on Christmas Eve 2023. She was placed on special leave after Dr Upton made allegations of bullying and harassment, citing concerns about patient care.
The nurse has lodged claims against NHS Fife and Dr Upton under the Equality Act 2010, including sexual harassment, harassment related to protected beliefs, indirect discrimination and victimisation. The tribunal is currently hearing closing submissions from both sides after evidence concluded at the end of July.
Legal arguments over women-only spaces
Ms Cunningham referenced the recent Supreme Court judgment on defining women under the Equality Act 2010. She stated that trans people with gender recognition certificates are "for certain purposes deemed to be women" but without one "they are both legally and factually simply men".
The lawyer noted that Dr Upton "does not have a GRC, she's never suggested that she does". She added: "Dr Upton, and any other man like him, not merely has no right to access women-only spaces. He must be excluded."
Ms Cunningham described this as "the inevitable consequence" of the Supreme Court judgment in For Women Scotland. She also criticised what she said was an argument from Dr Upton's legal team that NHS Fife had an "obligation to educate the claimant out of the bigotry she's shown for refusing to take her clothes of in front of a male colleague".
NHS Fife accused of 'witch hunt'
Ms Cunningham accused NHS Fife of seeking to "punish" Ms Peggie for raising her complaint. She claimed the health board subjected the nurse of "30 years' unblemished service" to a "full-blown witch hunt to punish her for standing up for her right not to undress in front of a male colleague".
The lawyer alleged NHS Fife conducted a "character assassination" with "groundless smears" and sought to "drive a wedge between her and her lesbian daughter". She also claimed the board had "attacked" Ms Peggie's legal team and told "countless lies", with its conduct being "censured" by two regulators.
Tribunal costs and regulatory oversight
The tribunal has cost NHS Fife nearly £220,500 since beginning earlier this year. Neither Ms Peggie nor Dr Upton are expected to be recalled this week as the case continues.
Last month, the Equality and Human Rights Commission told NHS Fife to "progress corrective actions without delay" regarding single-sex spaces. The health board admitted it failed to carry out an equality impact assessment previously, with one now expected around September 30.
Baroness Kishwer Falkner, EHRC chairwoman, confirmed NHS Fife had admitted no equality impact assessment had been conducted. The commission held a meeting in June following the UK Supreme Court ruling in April that "woman" and "sex" in the 2010 Equality Act "refer to a biological woman and biological sex".
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
