I appreciate this is a broad-ranging discussion prompted but not confined to the actual tribunal. I am also however, acutely aware that the application of the law is neither a personality contest or indeed a test of common sense, and the judge will be limited to adjudicating on the specific legal complaint i.e. whether the respondents NHS Fife and Dr Upton were guilty of sexual harassment or harassment related to a protected belief under s26 of the Equality Act 2010 regarding three incidents when Sandra Peggie shared a changing room with trans doctor Beth Upton.
To manage expectations, could those closest, most knowledgable here frame best possible direct ( and possibly indirect ) outcomes here? Given the judge is not going to smash down a gavel shouting this is all utter bollocks and madness? Its been touched on on early threads but I am aware many more have started following since then.
As I understand it the hospital could lawfully suspend pending investigation on receipt of a formal complaint regardless of merit but fault could/would lie in the subsequent handling? And that this case will be an important test of protected beliefs?
Does indirect success look like review of NHS complaints procedure, policy and provision of safe space (for female, male, transgender) in the face of 'it is othering if a transgender person cannot use women's space' assertions?
Or has the most significant event already happened by rejecting the respondents request for private proceedings, thus ensuring sunlight for the shoogly peg assertion that simply put appears to be "I am a woman if I say I am" and that this trumps others rights?
There is so much noise about Dr Uptons appearance and demeanour which may be understandable but I am less sure how legally relevant this is unless it goes to intent and to a defence that the harrassed was in fact the harrasser?
Ref for those catching up Upton was allowed to use the A&E changing room that is used by female doctors, nurses and auxiliaries to change in and out of uniform. Peggie describes three encounters in the female changing room where she felt embarrassed because of encountering the male doctor.
On Christmas Eve 2023, Peggie and Dr Upton exchanged words after Peggie alleged that Upton started to undress when they were alone together in the female changing room. Upton then made an official complaint about Peggie’s behaviour, saying it was bullying and a “hate incident”.
The hospital responded by placing Peggie on special leave and then suspending her pending a disciplinary investigation into her “alleged unwanted behaviours”. When she came back to work it refused to guarantee that Upton or other men with transgender identities would not be using the women’s facilities. It is believed that Upton is still being allowed to use the female-only changing room at his place of work. (summary from Sex Matters)