Neil Gray: NHS trans tribunal involving Dr Beth Upton could 'potentially' have wider implications

An ongoing employment tribunal involving a transgender doctor could "potentially" have wider implications for the NHS in Scotland, the Health Secretary has said.

Neil Gray said the Scottish Government would "look with interest" at the outcome of the tribunal and take on board any recommendations.

Nurse Sandie Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy, Fife, in January last year after she objected to Dr Beth Upton, a transwoman, using the female changing room in the accident-and-emergency (A&E) department on Christmas Eve 2023.

Nurse Sandie Peggie | PA

She has now lodged a claim against the Fife health board and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.

NHS guidance says those who are trans are allowed to use changing rooms that align with their gender identity.

Dr Upton has accused Ms Peggie of bullying. NHS Fife has described the case as unnecessary and vexatious.

Asked about the tribunal, Mr Gray said: "You’ll understand, it's an ongoing tribunal, it wouldn't be appropriate for me to comment. But obviously we will look with interest as to its outcome and take on board the recommendations as they come forward."

Pushed on whether there could be implications for other health boards, Mr Gray said: "Potentially, but I can't comment or speculate on an ongoing tribunal."

He said the Scottish Government would "consider the implications of whatever is found as part of that tribunal".

Mr Gray said: “After the tribunal, we will obviously consider what has been imparted and what’s been discussed there, and we’ll consider what response, if any, is necessary.”