An employment tribunal judge ruled that Nurse Sandie Peggie can misgender Dr. Beth Upton throughout legal proceedings. Peggie objected to Dr. Upton using women's changing rooms, claiming intimidation. After an incident and suspension, she claimed harassment against NHS Fife and Dr. Upton, which the NHS denied. The judge stated that while misgendering might be distressing, it does not constitute unlawful harassment. He rejected an order to prevent Peggie from misgendering, noting the unfairness of forcing her to use terms she finds "inaccurate." The case highlights tensions between transgender rights and the perceptions of cisgender individuals in workplace settings.
The judge reportedly rejected an NHS request to impose an order on Peggie which would have prevented her from misgendering Dr Upton, stating that forcing Peggie and her lawyers to use terms they consider "inaccurate" would be unfair.
Employment judge Sandy Kemp acknowledged that misgendering Dr Upton could prove "painful and distressing" for the doctor, however said he was not certain that misgendering could amount to unlawful harassment.
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