Overview
- Judge Sandy Kemp’s panel found unlawful harassment where NHS Fife failed to revoke interim permission for the doctor to use the women’s changing room, took too long to investigate, referenced patient-care allegations, and initially restricted what the nurse could say.
- All allegations against Dr Beth Upton were dismissed, as were the nurse’s discrimination, indirect discrimination and victimisation claims under the Equality Act.
- The tribunal concluded that the nurse’s conduct during the Christmas Eve incident amounted to harassment of Dr Upton, even as it faulted the employer’s handling.
- NHS Fife said it will review the 318-page ruling with legal advisers before responding on remedies or policy changes.
- A separate hearing will determine any financial compensation, and the judgment notes that allowing a trans female to use a women’s changing room may be lawful depending on circumstances.