Latest news with #DrBethUpton
Yahoo
3 days ago
- Health
- Yahoo
Nurse at centre of gender storm takes action against union
A nurse at the centre of a gender dispute has announced she is taking legal action against her trade union. Sandie Peggie was suspended from her job in 2024 after she complained about having to share a changing room with transgender medic Dr Beth Upton. Ms Peggie was later placed on special leave after a complaint of bullying and harassment by Dr Upton, but was cleared by an NHS Fife investigation earlier this week. The suspension led to an employment tribunal this year, in which Ms Peggie launched a claim against Dr Upton and NHS Fife, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. On Saturday, the Herald reported that Ms Peggie had taken legal action against the Royal College of Nursing (RCN), claiming it failed to support her after her suspension, which the union denies. 'The RCN's failure to act like a trade union ought to has contributed to Sandie Peggie's mistreatment,' Ms Peggie's lawyer Margaret Gribbon said in a statement. 'They have repeatedly failed to exercise their industrial muscle to advocate for female members distressed because they are being deprived of genuine single-sex spaces to dress and undress at work. 'Had the RCN fulfilled the conventional role of a trade union, it is less likely that Sandie would have faced the ordeal of an 18-month disciplinary process and having to raise legal proceedings against Fife Health Board.' The paper reported that Ms Peggie will be taking action for unlawful discrimination. An RCN spokesperson told the newspaper: 'We have responded to the claim, and we deny all the allegations from Ms Peggie.'
Daily Mail
3 days ago
- Health
- Daily Mail
Transgender doctor's complaint that she felt 'threatened' by much smaller nurse in female changing room row was 'plausible', senior medic says
A transgender doctor complained that she felt threatened by a 'much smaller' nurse in the female-only changing rooms at Victoria Hospital in Kirkcaldy, Fife, a tribunal has heard. A senior medic in the ongoing legal action between transgender medic Dr Beth Upton and nurse Sandie Peggie, said that it was 'plausible' that Dr Upton could have felt threatened. Dr Elspeth Pitt, a consultant in emergency medicine at NHS Fife, told the tribunal that Dr Upton was 'sobbing' following a confrontation with Ms Peggie. She added that her fellow doctor, who was born male but identifies as female, 'was really upset, she felt very fearful, and, at that time, had felt cornered'. Following the incident, Dr Pitt chaperoned Dr Upton to her car in case there was another encounter with the nurse and described the medic as feeling 'quite threatened'. The row between Ms Peggie and Dr Upton centres around the trans medic using a female-only changing room which led to the nurse accusing Fife Health Board of breaching the Equality Act. In the tribunal, in response to the suggestion Dr Upton felt threatened by her much smaller colleague, Charlotte Elves, Ms Peggie's junior counsel, said Dr Upton was a 'biological male in his 20s' who was around 6ft tall. In contrast, she described Ms Peggie as 'a woman in her 50s, far smaller' and countered Dr Pitt's suggestion that Dr Upton was made to feel unsafe by Sandie Peggie, calling it 'completely implausible'. Dr Pitt insisted it 'did not sound implausible to me' but clarified that the trans medic was not 'physically threatened' but 'frightened' by Ms Peggie's 'verbal attack'. The tribunal also heard from charge nurse Louise Curran, Ms Peggie's line manager, that Dr Upton had considered reporting the encounter to the police as a 'hate crime', The Telegraph reported. The row between Ms Peggie and Dr Upton centres on an incident on Christmas Eve 2023 where the nurse experienced a sudden and heavy period and feared that it had bled through to her scrubs. The nurse entered the female changing room and was surprised to find Dr Upton there. It was the last of three occasions Ms Peggie had encountered the doctor within the changing room at Victoria Hospital in Kirkcaldy, an employment tribunal in Dundee heard earlier this year. She challenged the doctor over her presence in the space that was labelled as a women's changing room, and just hours later a bullying complaint had been lodged by her. Ms Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024, after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year. Counter to the complaint, the nurse submitted a formal claim to the employment tribunal in May last year against NHS Fife and Dr Upton for sexual harassment, belief discrimination, and victimisation. Ms Peggie complained of being forced to share a single-sex space with someone she believed to be male. She also complained of being victimised for holding a gender-critical belief that biological sex is unchangeable. At the time of the complaint, Dr Upton was unable to hold a gender recognition certificate, meaning that technically the medic was legally male. Dr Pitt told the tribunal she found Dr Upton in a state of 'visible distress' in a corridor at around midnight, shortly after the 'unpleasant and painful' changing room confrontation. Dr Pitt said the medic had confided that she felt cornered and unable to escape Ms Peggie. She told the tribunal: 'She [Dr Upton] said she felt as if she had been cornered and that the end of a shift was not a good time to have this conversation, but it escalated and she felt she couldn't get away. She just felt very upset by what had been said to her.' Dr Pitt said that Ms Peggie had complained that the trans medic 'should not been in the changing room' and had made parallels with a 'convicted rapist', referring to trans rapist Isla Bryson who attacked two women in 2016 and 2019 but now identifies as a woman. Dr Pitt described Dr Upton as 'sobbing' after the encounter and then told the tribunal that she believed it was completely plausible that the trans medic had been made to feel unsafe by Ms Peggie. She said: 'There's no question to me, having met Dr Upton in that corridor, that she felt very threatened. 'And just to be clear, it was a verbal attack. It wasn't that she felt physically threatened. She just felt frightened because of things that had been said to her.' After walking her to her car, Dr Pitt sent an email to the medic's line manager, Dr Kate Searle, and Ms Peggie's line manager, asking to speak the following week. Ms Elves highlighted an email sent by Dr Searle on Dec 29 2023 to around 20 senior consultants in which she said she had spoken to Dr Upton. Dr Searle said that she had ensured that Dr Upton 'knows we all support her, and that we condemn the actions of Sandie'. Ms Elves asked Dr Pitt whether she engaged with three email chains about the incident 'as they were becoming increasingly partisan, condemnatory of Sandie Peggie, and you knew that was not appropriate.' Dr Pitt said: 'I don't use email as a form of conversation.' In a statement, the health board said: 'NHS Fife did not initiate the tribunal proceedings and is instead one of two 'respondents' being sued. 'NHS Fife cannot unilaterally stop proceedings – only the claimant can choose to withdraw the case. The claimant has said in a recent statement from her legal representatives that she is determined to continue with her legal claim, as she is entitled to do.' Earlier this week in a stunning development Ms Peggie was cleared of gross misconduct by an NHS Fife disciplinary hearing as part of separate proceedings brought against her.
BBC News
3 days ago
- Health
- BBC News
Tribunal hears trans doctor sobbed while reporting nurse
A transgender doctor was "distressed" and sobbed while telling a senior colleague about a confrontation with a nurse over the use of female changing Elspeth Pitt told an employment tribunal Dr Beth Upton appeared pale and was "very shaken" when they met in a corridor at the Victoria Hospital in Kirkcaldy at the end of their Peggie and Dr Upton had earlier had a disagreement after the nurse told the doctor they should not be in the same changing the exchange on Christmas Eve 2023, Dr Upton complained to NHS Fife about Ms Peggie's behaviour and the nurse was suspended on 3 January 2024. On Friday the tribunal heard from Dr Pitt, who is a consultant in emergency medicine with NHS recalled being approached by Dr Upton about midnight, at the end of that day's pair then moved from the corridor to a well-being room, which was a short walk from the changing room. Dr Pitt, who was on call through the night into Christmas morning, was asked what state Dr Upton was consultant replied: "She looked very shaken and she was visibly distressed and upset."Dr Pitt added Dr Upton looked "quite pale" and "startled".The consultant was then told there had been a "very upsetting incident".Dr Pitt added: "She was really upset."She had felt very fearful and that point felt cornered." The tribunal said the encounter with Ms Peggie had "become very unpleasant and painful for her".Dr Pitt added: "The gist was that Sandie felt that Dr Upton should not be in the changing room."The consultant said she was told the tone of the disagreement was "aggressive" and "unkind".Dr Pitt said she mainly listened to Dr Upton but said she would report the matter and signposted the complainer to a British Medical Association (BMA) peer support consultant said she was not sure of the next steps but encouraged Dr Upton to get some rest and family Pitt told the tribunal she sent an email from her car to Dr Upton's supervisor and the charge nurse. Timeline of the Sandie Peggie tribunal The tribunal also heard an informal monthly meeting between senior consultants and senior nurses - held some time before the Christmas Eve incident - was made aware concerns had been raised about Dr Upton having access to the female changing Pitt said: "At one of those meetings before December, a member of senior nurses had said there had been a concern raised about Dr Upton using that changing room but that our understanding was that she was entitled to, that's what we had been informed. "We were not told of the specifics, that was to be aware that people had a concern."On Wednesday, Ms Peggie was cleared of gross misconduct following disciplinary proceedings by the health had been accused of misconduct, failures of patient care and misgendering Dr Fife said an internal hearing found there was "insufficient evidence to support a finding of misconduct".The tribunal continues.
The Independent
4 days ago
- Health
- The Independent
Head of nursing ‘can't recall' risk assessment behind Sandie Peggie's suspension
The head of nursing at NHS Fife has told an employment tribunal she cannot recall seeing a risk assessment which led to the suspension of nurse Sandie Peggie. Gillian Malone said she perceived that allegations about Ms Peggie confronting transgender medic Dr Beth Upton were 'unacceptable'. Ms Peggie was suspended after she complained about having to share a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy, Fife – where they both worked – on Christmas Eve 2023. She was placed on special leave and then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Ms Peggie has lodged a claim against Fife health board and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination and victimisation. On Thursday, Ms Malone, told the tribunal she perceived a Datix report from January 3, 2024 regarding a conflict on Christmas Eve to be 'a discriminatory allegation'. She said she had no role in the investigation, that she had never met Ms Peggie, and had no awareness of 'tension' between either the nurse or Dr Upton. But she said she was aware of the nurse's concerns due to an email from August 2023. Ms Malone told the tribunal the decision to suspend Ms Peggie was made following a risk assessment carried out by Esther Davidson, the nurse's line manager, however when asked if she had seen the risk assessment, she said: 'I can't recall.' Giving evidence, she said: 'When I read content of Datix I thought the comments were concerning. 'At this time they were allegations, I did believe there was behaviour in there which could constitute bullying and harassment which were of concern and could require investigation.' She added: 'Within original Datix there is a comment that there has been other work-related incidents.' During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Ms Malone – the most senior staff member to appear at the tribunal – said she agrees there are two biological sexes and that sex is a 'medically salient fact'. Ms Cunningham read from an email sent by an HR worker, which said: 'We discussed suspension being last resort and options to mitigate risk… 'Esther felt it would be almost impossible to keep them apart so spoke to Gillian Malone… she believes there is a patient safety issue due to seriousness of the allegation and therefore wishes to suspend.' Ms Cunningham said: 'It looks as though you were essentially behind the decision to suspend.' Ms Malone said: 'It was Esther who completed the risk assessment.' She was also asked about an email titled 'Formal Complaint' sent by Dr Upton on June 11. Ms Cunningham then suggested the reason Ms Peggie was suspended was 'because she had told Dr Upton she wasn't happy about him using the women's changing room'. Ms Cunningham said: 'That is the first documentary trace shown to the tribunal of the document 'Formal Complaint' which contains earlier incidents, being passed on to anyone from hospital management at all. Do you say that document was already in the hands of somebody, either as a printed out statement or sent as an email, before June 11?' Ms Malone said: 'I'm not aware of that.' Ms Cunningham said: 'Do you agree that if the tribunal finds that the reason for suspension was about the incident on Christmas Eve and wasn't about the prior allegations relating to patient care, that wasn't sufficient justification for suspension?' Ms Malone said: 'The justification for suspension was based on a risk assessment which wasn't undertaken by me.' Asked to identify what she perceived to be most unacceptable in the allegations made by Dr Upton, Ms Malone replied: 'I find it unacceptable that any colleague would confront another colleague in the manner described.' She added that Ms Peggie should have raised concerns through her line manager rather than 'face-to-face on Christmas Eve'. Ms Cunningham said: 'If the tribunal finds that the claimant didn't ask about his genes, would you say otherwise that was a point she was entitled to make, that he shouldn't be there? If she said to Dr Upton 'I don't think you should be here because you're a man', even if she didn't say anything about chromosomes?' Ms Malone said: 'I think that was already raised back in August, I wouldn't have expected that to be face-to-face on Christmas Eve.' Ms Cunningham added: 'I'm suggesting that by challenging Dr Upton's presence in the changing room she was complaining he was harassing her; it was her rejection of that harassment which gave rise also to the disciplinary and suspension, it was her refusal to tolerate what he was doing.' Ms Malone said: 'It was the manner in which she raised it.' The tribunal continues.
Sky News
4 days ago
- Health
- Sky News
Head of nursing at NHS Fife 'can't recall' risk assessment behind Sandie Peggie's suspension
The head of nursing at NHS Fife has told an employment tribunal she "can't recall" seeing a risk assessment which led to the suspension of Sandie Peggie. Gillian Malone said she perceived that allegations about the nurse confronting transgender medic Dr Beth Upton were "unacceptable". Ms Peggie was suspended after she objected to sharing a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy on Christmas Eve 2023. The nurse was placed on special leave and then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about "patient care". Ms Peggie has lodged a claim against the health board and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination and victimisation. On Thursday, Ms Malone, told the tribunal she perceived a Datix report from 3 January 2024 regarding a conflict on Christmas Eve to be "a discriminatory allegation". Datix is an online system for NHS staff to report any incidents and risks. She said she had no role in the investigation, that she had never met Ms Peggie, and had no awareness of "tension" between either the nurse or Dr Upton. However, she said she was aware of the nurse's concerns due to an email from August 2023. Ms Malone said the decision to suspend Ms Peggie was made following a risk assessment carried out by Esther Davidson, the nurse's line manager, however when asked if she had seen the risk assessment, she replied: "I can't recall." She added: "When I read content of Datix I thought the comments were concerning. "At this time they were allegations, I did believe there was behaviour in there which could constitute bullying and harassment which were of concern and could require investigation." Ms Malone said within the original Datix, there had been a comment saying there had been "other work-related incidents". During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Ms Malone agreed there are two biological sexes and that sex is a "medically salient fact". Ms Cunningham read from an email sent by an HR worker, which implied Ms Malone was "essentially behind the decision to suspend". Ms Malone replied: "It was Esther who completed the risk assessment." She was also asked about an email titled "formal complaint" later sent by Dr Upton on 11 June 2024. Ms Cunningham suggested the reason Ms Peggie was suspended was "because she had told Dr Upton she wasn't happy about him using the women's changing room". She said: "Do you agree that if the tribunal finds that the reason for suspension was about the incident on Christmas Eve and wasn't about the prior allegations relating to patient care, that wasn't sufficient justification for suspension?" Ms Malone replied: "The justification for suspension was based on a risk assessment which wasn't undertaken by me." Asked to identify what she perceived to be most unacceptable in the allegations made by Dr Upton, Ms Malone stated: "I find it unacceptable that any colleague would confront another colleague in the manner described." She added that Ms Peggie should have raised concerns through her line manager rather than "face-to-face on Christmas Eve". Ms Cunningham said: "I'm suggesting that by challenging Dr Upton's presence in the changing room she was complaining he was harassing her; it was her rejection of that harassment which gave rise also to the disciplinary and suspension, it was her refusal to tolerate what he was doing."
