UK Employment Judge Sandy Kemp ruled that National Health Service (NHS) nurse Sandie Peggie and her legal team can refer to Dr. Beth Upton, who identifies as a woman, using male pronouns during a tribunal hearing.
This case stems from a confrontation at Victoria Hospital in Kirkcaldy in December 2023, when Peggie objected to Upton using the female changing room, leading to Peggie's suspension from NHS Fife.
The judge specified that while using male pronouns wouldn't automatically constitute harassment in the tribunal setting, such terms that are used "gratuitously and offensively on a repeated basis" could meet the threshold for harassment.
This is a welcome shift. The tribunal has upheld free speech and the right to personal beliefs by allowing individuals to use preferred terms and preventing government-mandated language.
By permitting misgendering, this ruling undermines transgender dignity and fosters hostility. It hinders the establishment of inclusive spaces and legitimizes discrimination against transgender individuals.