Who is Beth Upton?

Dr Beth Upton is a medic who works for NHS Fife in Scotland. After Beth started work at the A&E department in August 2023, a colleague of hers named Sandie Peggie raised objections to Beth's presence, as a trans woman, in the woman's staff changing rooms. She did not want to change in the same changing room as Beth and on two occasions saw Beth was there and chose to stand outside. She was clearly told that NHS Fife has policy of trans inclusion and that Beth was following the rules.

On Christmas Eve 2023, Sandie found Beth in the changing room with two colleagues and, after they left, confronted Beth telling her she should not be there. Sandie and Beth have differing accounts of exactly what was said during this exchange but we do know that Beth cried after the incident and later described Sandie's questions as "hurtful and demeaning".

"It was deeply uncomfortable and upsetting to have somebody saying such unpleasant and accusatory things to you. I felt unsafe and upset."

Dr Upton ultimately decided to file a complaint about Sandie's inappropriate behaviour towards her.

Sandie Peggie was suspended from work while Beth's complaint was investigated, in part due to concerns about the potential impact that Sandies' behaviour could have on patients. The trust eventually tried to resolve the matter by asking Sandie to consider coming back to work at a different hospital. Sandie refused and was upset to find that when she returned, she would not get to work the hours she was accustomed to and was instead required to work during the day, so that she could be supervised until the trust was satisfied that her behaviour towards Beth would not have an impact on patients going forward. Furthermore, NHS Fife, in accordance with NHS policy, and in an act of understanding of what it means to treat trans employees with dignity at work, refused to guarantee that Beth would not use the women's changing rooms.

Following this, Sandie has taken the trust, and Beth, to an employment tribunal, disputing she has done anything wrong in her actions towards Beth, and saying the trust should have made different choices around the prior incidents where she objected to Beth's presence in the staff changing rooms. She has further accused Beth of sexual harassment and harassment based on the legally protected belief of being ‘gender critical’, arguing Beth should have volunteered to change in a room away from Sandie of her own accord.

Beth petitioned the court for a closed hearing to maintain her privacy and this was denied. She also asked not to be misgendered during the proceedings and the court ruled that a degree of misgendering was permissible where witnesses needed to do so to give evidence. There does not currently seem to be a clear standard of behaviour upheld for those who have openly stated that they went beyond the already controversial remit set by the court and chose to deliberately and repeatedly misgender Beth. Both of these preliminary decisions by the court were heralded as major legal victories in headlines and set the tone for the regular coverage of the tribunal itself. Beth has been treated as an "aggressor" when, in her own words, what she has asks for amounts to "basic respect".

In February the tribunal overran - the next time that all the court staff were available was mid-July, which is when the court will reconvene. As a result of this, Beth will have to go through another period of overexposure and we have no reason to believe that misinformation that has spread concerning her will dissipate. Comments made by Peggie Sandie's lawyers become the focus of media coverage the next day and very little commentary on the case pauses to consider Beth's perspective. The result is a very skewed public perception of who Beth Upton really is.

Why does this case matter?

The Tribunal (Peggie Vs NHS Fife) matters because Beth matters! This is, however, also a question of what it actually means to treat a trans person with respect; both in the courts and the media.

In our opinion, the outcome of this case does not substantively depend on Beth as a person, or her behaviour: it is far more likely to revolve around issues like how the trust met their legal responsibilities and how well they implemented their policies in relation to Sandie's suspension. How long Sandie was suspended, whether it was fair for her to be asked to come back to work at a different site and whether or not supervision upon her return was demonstrably justified are all points of consideration here. The problem is that these are not the issues that generate exciting headlines and so much of the news coverage has put a heavy emphasis on Beth as a person and the idea that Sandie has been bullied for having gender critical views.

If Sandie Peggie is successful in her claim, it will be framed as a victory for gender critical organisations and views. If she loses, the focus will likely be shifted onto the trust and how much money they spent defending themselves in this case. Both outcomes leave Beth, who has had her life incredibly disrupted by these proceedings, to pick up the pieces.

We don't see the justice in that.

How do I take part in Flowers for Beth?

1) Get some A5 copies of Beth's Flower Cards

We hand out stacks of them at prides, conferences and other public events but you can also download the PDF and print them yourself.

If you get them printed yourself, please try to use a thicker card (200-365gsm) if you can. We will accept any cards you send us! The reason why we recommend thicker card is to help them last longer: there are some archivists in Scotland who would love, with Beth's permission, to help preserve the cards and eventually display them for the community. We are living in historically significant times and they feel that future generations may want to see our efforts.

2) Gather your friends and colour

While we do not turn solo contributions away, all of Persist's campaigns have an emphasis on community. If you are part of any kind of like minded social group, please consider using this campaign as a time to gather and check in with one anther. We have distributed cards to choirs, sports teams, volunteer paramedics, attendees at union conferences, churches and more!

This is also a great time to talk about the other ways you can support the trans community. Does everyone know how to email their MP? Does anyone want to attend a protest but feels weird going alone? What trans led organizations do you like to support?

The Flowers on the card and their symbolism was chosen by the organizers of Trans Pride Scotland (more on that in the FAQ) and the design was drawn with a lot of love - we simply ask you add your own and fill the sign with colour and solidarity.

3) Share on social media (Optional

We love seeing photos of your handiwork - and would love the help getting the word out. That said, please make sure everyone in the photo has clearly consented, especially if their face is visible.

4) Post the cards out… But not yet!

For safety reasons, the address we would like people to send the cards to is going to be released for a brief period at the end of June and/or the beginning of July. We will update the website and our social media pages when we are ready.

For now, please put them in an envelope with a slip of paper containing information about where the cards came from. You do not need to add any identifying details, just the region you are from and anything you want to tell us about the gathering. This can be practical “football team FC” or something less formal “we had some drinks”.

Pop them in the post when the time comes and we’ll take it from there! Beth is aware of the campaign and when she is ready, we will get the cards to her.

Frequently asked questions

What do the flowers symbolise?

From left to right: The coralroot orchid is the official flower of Fife, where the hospital Beth works at is based. The thistle is the official flower of Scotland, a nod to national identity. The lavender, alongside being associated with the LBGT+ community, symbolises healing and is a tribute to her profession.

The flowers were chosen by the committee of Trans Pride Scotland, who also kindly helped us debut the campaign at their pride earlier this year.

What crime did Beth commit?

This is not a criminal case. Beth followed all the guidance she was supposed to.

The case that she is a part of is called an employment tribunal. Her employer, NHS Fife, is the main party that is being sued. Beth is a 'second recipient' - this means that she has to go to court and answer questions but does not mean she has committed any crimes.

What about a speaking engagement?

Seriously, no.

Does Beth know about this?

Beth is aware of our work. She is a very private person and we feel very strongly about not pushing her further into the limelight so we will not be sharing information about her that is not already public.

We care about her wellbeing and boundaries and the tone of this campaign was chosen with that in mind.

Can I give you a message for Beth?

No, see above!

What's Beth like?

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