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Tribunal Clashes Over Pronouns and Edited Notes in Trans Changing-Room Case

Lawyers are debating whether misgendering or alleged manipulation of phone notes qualifies as harassment or hate crime under the Equality Act.

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Dr Beth Upton was accused of attempting to mislead the tribunal by claiming that notes that had been altered were contemporaneous to incidents
Dr Beth Upton, a biological male who identifies as a woman, is being sued by the nurse Sandie Peggie

Overview

  • Dr Beth Upton’s lawyer repeatedly objected to the use of male pronouns for the transgender doctor, arguing that misgendering created a hostile environment and breached her rights in the hearing.
  • Independent expert Jim Borwick testified that Google Notes entries on Dr Upton’s phone showed mismatches between creation and edit dates, suggesting the records were not contemporaneous.
  • Peter Donaldson, NHS Fife’s information security manager, said he had no technical explanation for the date discrepancies but did not believe Dr Upton intended to mislead the tribunal.
  • Dr Maggie Currer, deputy clinical lead at NHS Fife, told the tribunal that abusive conduct aimed at a protected characteristic could amount to a hate crime and that the changing-room row might qualify.
  • The tribunal’s eventual ruling is expected to define how gender-critical beliefs interact with transgender rights under the Equality Act and influence NHS guidance on single-sex facilities.