The arguments from Ms Cunningham – the barrister acting for the nurse who was suspended after objecting to sharing a changing room with her transgender colleague – were set out on Monday, September 1. 

Here are the key points argued by Ms Russell KC on behalf of NHS Fife and transgender medic Dr Upton. 

Mental toll on Dr Upton 

The barrister began her legal submission on Monday afternoon, before resuming again on Tuesday morning. 

Earlier, we had heard Ms Cunningham had accused Dr Upton of appearing “smug” during evidence in February this year. 

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Ms Russell strongly rejected this assessment of her client. To the contrary, she argued that Dr Upton had been significantly impacted by this case   

The KC argued that Ms Peggie “crossed the line” in her dispute with Dr Upton, in particular with the alleged comparison to convicted rapist Isla Bryson, who was placed in the female prison estate.  

These comments had caused “gratuitous harm” to Dr Upton. 

Ms Russell told the tribunal: “There is nothing dangerous or unsafe about Dr Upton and likening her to someone who has convicted the most heinous crimes is an outrageous slur”. 

Suspending Peggie was ‘justified’ 

A key part of the claimant’s argument has been that Ms Peggie was unfairly suspended from Victoria Hospital – and place she had worked for 30 years with an “unblemished” record. 

However, NHS Fife’s legal team refute this. 

Ms Russell said the health board had a duty to uphold the rights of transwomen in the workplace, and that meant adequately investigating the allegations.  

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She argued that it was necessary to remove Ms Peggie from the workplace to prevent “potential escalation”. 

The court heard that the special leave and subsequent suspension was “justified”, however Ms Russell accepted it would have been an “overreaction” to dismiss Ms Peggie entirely.  

The ‘male’ height argument 

Ms Russell dismissed the argument that Dr Upton would have naturally intimidated Ms Peggie by way of the medic’s height. 

Ms Peggie’s solicitor stated that men were typically naturally taller than women. 

But Ms Russell said that Dr Kate Searle, a witness in the case, was actually taller than Dr Upton. 

She accused her legal opponent of acting in “extremism”. 

Ms Russell also rejected that there was any evidence that transwomen using female facilities harmed women. 

Peggie’s actions not appropriate for NHS 

Ms Russell says that NHS staff, especially those as senior as Ms Peggie, should demonstrate “kindness, thoughtfulness and respect”. 

But she said that Ms Peggie instead had been “confrontational “ and “unpleasant” to Dr Upton. 

Ms Russell said: “We should be able to expect kindness, thoughtfulness and respect from our nurses, particularly in professional settings.

“The confrontational way that the claimant approached Dr Upton has no place in dealing with somebody going through a transition process.

“The claimants behaviour… so unpleasantly, is behaviour that ought not to be given the protection of the Equality Act.”