At the tribunal in Dundee on Monday, Dr Upton said they had told line manager Dr Kate Searle about their intention to use the female changing rooms, based on "previous experiences", and permission was obtained.
The nurse, who was accused of bullying and harassment, has lodged a complaint against NHS Fife and Dr Upton of sexual harassment or harassment related to protected beliefs under the Equality Act 2010 regarding three changing room incidents - indirect harassment; victimisation; and whistleblowing.
Transgender doctor at centre of hospital changing room row tells tribunal presence was not an 'invasion of privacy' A transgender doctor at the centre of an employment tribunal has disagreed that their presence in a female changing room was an "invasion of privacy".
Dr Searle then emailed consultants on 29 December, presenting Dr Upton "as the victim and the claimant as the bully before any investigation had taken place", which Ms Cunningham described as "an act of discrimination".
Ms Russell argued that Dr Upton was "entitled to be there because she was given permission", adding that "whether or not that was right or wrong" should be taken up with NHS Fife who gave permission.
