John Swinney: 'I have confidence in NHS Fife despite Sandie Peggie row'
The First Minister told LBC News he expected the under fire health board to get on with the job of providing services to patients in Fife.
Hours before the employment tribunal began, Kirkcaldy nurse Ms Peggie was cleared of four disciplinary charges made against her.
She was being investigated after Dr Beth Upton, a trans doctor, accused her of a "hate incident" and patient safety breaches following a changing room confrontation at Victoria Hospital in Kirkcaldy.
Ms Peggie's solicitor Margaret Gribbon said her client was "delighted" at the conclusion of the 18-month internal process.
High profile figures have called on the leadership at NHS Fife to resign, including former SNP health secretary Alex Neil.
He said it was "unacceptable" that NHS Fife had already spent in the region of £220,000 on the legal dispute.
But Mr Swinney would not do the same when asked by LBC News.
Read more:
Sandie Peggie cleared of gross misconduct allegations
Sandie Peggie Employment Tribunal: The story so far
Who's who in the Sandie Peggie employment tribunal
Why we can learn from Darlington nurses in Sandie Peggie and NHS Fife row
He said: "NHS Fife have got important work to undertake to deliver health care, to deliver health care effectively to the people of Fife.
'That's what I expect them to do and that is what they're doing.'
He added: 'I have confidence in the board of NHS Fife. They have got to get on with delivering health services for the people of Fife.'
The First Minister added: 'There has been an internal disciplinary process that has reached its conclusion and it's important when ever issues of this type are taken forward that there is a fair process put in place that respects the interests of absolutely every party in these circumstances.
'That has happened here and it's reached its conclusion. There is a separate process underway which is the employment tribunal that has been brought forward by Sandie Peggie.
'It is up to NHS Fife to determine NHS Fife to determine how to approach that particular issue and how to handle that and the must take cognisance of all of the obligations and issues of the process as they do so.'
NEW: John Swinney says he still has confidence in the board of NHS Fife. @LBC asked him if he thought the board should call it quits at the tribunal after the internal disciplinary against Sandie Peggie cleared her of allegations of gross misconduct @LBCNewsScot l @LBCNews https://t.co/7ttmXzuXJi pic.twitter.com/u5AOJV9UTN
— @GinaDavidson (@ginadavidsonlbc) July 16, 2025
The employment tribunal resumed on Wednesday morning despite the significant development.
Evidence has been heard by Isla Bumba, who is NHS Fife's Equalities and Human Rights Lead Officer.
She advised Dr Upton had a "right" to use the female changing rooms because the medic "identifies as a woman".
But she admitted the health board did not have its own policy on trans inclusion and instead "Googled" the guidance of other health boards, including Lanarkshire and Highlands.
Kirkcaldy nurse Sandie Peggie. (Image: Andrew Milligan/PA Wire) Ms Peggie was suspended following Dr Upton's complaint about a confrontation on Christmas Eve.
The nurse had experienced a sudden heavy period and was worried she had bled through her scrubs. When she went to the changing room and found Dr Upton there, she stated that, in her view, the medic was a man and should not be in the space.
The specific words exchanged between the two are disputed.
Ms Peggie was placed on special leave on December 30, 2023, and formally suspended on January 4, 2024, following the complaint.
During the investigation, further allegations were made against Ms Peggie, raising 'clear fitness to practise questions'.
These included a claim she 'walked out of a resuscitation unit when Dr Upton entered, leaving a patient unseen'.
Another allegation involved a 'missing patient incident' on December 18, 2023, in which a patient was triaged and left the hospital without being seen. Dr Upton noted that Ms Peggie 'did not acknowledge my presence'.
In a statement, NHS Fife said there was "insufficient evidence" to support any misconduct accusations against Ms Peggie.
A spokeswoman confirmed the internal conduct hearing had concluded.
The statement said: "After reviewing the evidence presented, including written submissions and witness testimony, the panel found that there was insufficient evidence to support a finding of misconduct. While no formal sanctions have been imposed, the panel concluded that a facilitated reflective practice discussion would be appropriate.
"NHS Fife acknowledges that this was a complex and sensitive matter, and we are satisfied that the process has been appropriately followed and is now concluded. We remain committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients.
"As this matter relates to an individual member of staff, NHS Fife will not be making any further comment on the outcome."
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