Latest news with #Peggie
The Herald Scotland
5 hours ago
- Health
- The Herald Scotland
Why there won't be a Sandie Peggie judgment anytime soon
But while all witnesses have now given evidence, we are still a very long way from a judgment. In fact, do not expect a judgment for months yet. Ms Peggie is suing her employer and Dr Beth Upton after she complained about having to share a changing room with the transgender medic at Victoria Hospital, Kirkcaldy, on Christmas Eve 2023. The nurse was placed on special leave after Dr Upton made an allegation bullying, harassment and patient safety concerns. Ms Peggie was cleared of all gross misconduct allegations against her after NHS Fife's investigation found "insufficient evidence". Read more: However, the legal case continued with senior medics, nurses and digital forensic experts giving evidence. But where do we go from here? Next steps Evidence concluded on Tuesday, July 29, with both Naomi Cunningham, acting on behalf of claimant Ms Peggie, and Jane Russell KC, for NHS Fife, closing their cases. Employment Judge Sandy Kemp told the tribunal that written submissions - either partial or submission - needed to be submitted by noon on Tuesday. A skeleton argument in the legal context is a concise written outline of a legal team's argument. It serves as a roadmap for the judge and outlines the main issues at hand. Supplementary submissions can then be submitted up to August 25. This is additional information or documents that backs up the original legal argument. Read more: Dates are already in the diary for September 1 and 2. Both legal teams will return to the tribunal in Dundee to provide oral submissions. This is when the public will get to hear how the legal teams sum up their case and we'll get a sense of how strong the arguments are. Both Ms Cunningham and Ms Russell KC agreed to appear in person, not by video link. That then leaves a period of uncertainty. It is for the Employment Judge to go away and consider all of the evidence and written and oral submissions. Judgements can be handed down on the day but do not expect that in this instance. This employment tribunal has been extremely complex with thousands of pages of evidence to consider. Employment lawyers have told The Herald it is therefore likely a period of "avizandum" will follow. In Scots Law, this is when a judge decides to take time for private consideration before delivering a judgment. Realistically, we are looking at a minimum of six to eight weeks. But do not be surprised if this takes longer.
Scotsman
11 hours ago
- Health
- Scotsman
Equality Act 'a grey area', says NHS Fife manager who lifted Sandie Peggie's suspension
The ongoing employment tribunal heard the nurse was not deemed to be a risk to trans patients. Sign up to our Politics newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... The Equality Act is a 'grey area', according to the NHS Fife manager who lifted nurse Sandie Peggie's suspension. The ongoing employment tribunal between the nurse, trans doctor Beth Upton, and NHS Fife was also told Ms Peggie was not deemed to be a risk to trans patients. Advertisement Hide Ad Advertisement Hide Ad Lottie Myles, service manager at NHS Fife, was questioned by the tribunal on Monday. Ms Peggie is suing the health board and Dr Upton after she was suspended following a row between the pair over Dr Upton's use of the female changing rooms on Christmas Eve, 2023. Nurse Sandie Peggie | JeffDuring her evidence, Ms Myles said she had researched the Equality Act 2010 for a better understanding of the law, but admitted 'it is a grey area within a lot of workplaces'. She added: 'I felt reassured in my research that the elements regarding gender recognition say we are to treat the person in the sex they identify as. I didn't want to breach legislation and I wanted to have both parties treated fairly and equally.' In April, the UK Supreme Court ruled that the terms 'sex' and 'women' refers to biological sex only. Transgender remains a protected characteristic under this legislation. Advertisement Hide Ad Advertisement Hide Ad Ms Peggie was suspended over allegations of bullying and harassment just days after the changing room incident on Christmas Eve. Ms Myles told the tribunal she could understand how the suspension was embarrassing for Ms Peggie and was affecting her mental wellbeing as she had been a nurse for 30 years with an 'unblemished' record. At this point Ms Myles decided to lift her suspension as she felt 'reassured' she was not a risk to trans patients in the emergency department. She said: 'I felt reassured she wouldn't treat them differently. 'Sandie has been a nurse for 30 years - I'm sure in that time she has dealt with transgender patients. 'I felt there were no safety concerns.' Advertisement Hide Ad Advertisement Hide Ad She added the return to work meeting between her and Ms Peggie was 'difficult because it was emotional for Sandie Peggie'. Initially Ms Myles suggested Ms Peggie be moved to a different department within the hospital, but Ms Peggie objected to this as emergency nursing is her 'bread and butter'. There were also suggestions Ms Peggie, who had worked night shifts, be moved to day shifts so she could be supervised by senior nursing staff. Ms Peggie also objected to this as she needed a shift pattern that worked around her dog at home. A compromise was then found where Ms Peggie and Dr Upton were never on the rota at the same time. However, numerous members of staff within the emergency department then said they 'weren't happy' with Ms Myles's decision to allow Ms Peggie to return to work. Advertisement Hide Ad Advertisement Hide Ad Ms Myles said that Dr Kate Searle and Dr Maggie Currer both objected to her decision, while senior nurse managers Esther Davidson and Louise Curran 'similarly expressed' objections, but were not able to give an 'accurate response' regarding alleged patient safety concerns. She said she told Ms Peggie verbally on March 7 and in writing on March 12 that the suspension would be lifted. However, it was later reinstated due to issues with looking after the nurse's dog, and she returned to work around April 12 2024. Ms Myles said that 'usually we don't like to suspend' and she believed there were no patient safety issues, the tribunal heard. However she said that she 'wasn't impressed' by allegations made by senior medics and warned them to comply with correct protocols and policies. Advertisement Hide Ad Advertisement Hide Ad Ms Myles said: 'When I explained to staff members they weren't particularly happy with my decision initially.' She said she visited Dr Searle's office to co-ordinate a rota and was met with further objections, but warned the consultant she was 'culpable' if allegations were not reported correctly, the tribunal heard. Ms Myles said: 'Kate Searle expressed unhappiness that we were taking Ms Peggie back into the workplace and made a comment saying there had been patient safety issues, there had been other behaviours towards a doctor. I asked if this had been investigated and reported appropriately, and she said no. 'I said that if these events had happened and they had not been reported, you were culpable.' Advertisement Hide Ad Advertisement Hide Ad She added: 'They weren't happy but it was my sole responsibility to review the suspension. My primary concern is to make sure patients are getting seen.' The witness said she did not know 'what the indicators were… to be suspended in the first place' and felt there 'was no risk', the tribunal heard. Ms Myles said: 'I wasn't impressed; if someone wants to raise patient safety concern it should go through correct process and be escalated at the time the incident happened. My stance was: 'If you have not followed correct protocol and policy you are culpable'.' She said that Ms Davidson alleged that a doctor had been subject to a racist slur by Ms Peggie, which is denied by the nurse. And she branded allegations by Ms Curran that the nurse shared Donald Trump's views on gender 'tittle-tattle', the tribunal heard. Advertisement Hide Ad Advertisement Hide Ad Ms Myles said: 'It was very similar, tittle-tattle of being a supporter of Donald Trump and sharing his views on gender. That's somebody's personal view and as long as it doesn't impact on workforce or patients or cause harm, people are entitled to have their private views.'
Daily Mail
19 hours ago
- Health
- Daily Mail
Nurse listed 13 staff opposed to allowing trans doctor in female spaces, tribunal told
Sandie Peggie has named 13 other hospital colleagues who agreed that a trans-identifying male doctor should not be allowed to use a women's changing room. Mrs Peggie returned to the witness box at her employment tribunal against NHS Fife and trans medic Dr Beth Upton, to counter claims that she was the only person who had voiced objections. The 51-year-old told how she was upset as she had not wanted to reveal the identities of the staff from Kirkcaldy's Victoria Hospital, because of the 'toxic' way she has been treated. They included receptionists, nurses and a consultant who objected to the born-male medic being given the go-ahead to use the women-only space by NHS Fife bosses. She told her lawyer Naomi Cunningham: 'Since this happened and the way I was treated, I didn't want anybody else to be put in the same predicament. 'It's very toxic, and I didn't want any bad feeling towards them.' The mum told Ms Cunningham she was 'quite sad' about having to name them because 'some of them are very close colleagues'. The revelation came as Mrs Peggie, the final witness in the landmark tribunal, defended herself against claims of racism and a hate campaign against Dr Upton. Mrs Peggie brought proceedings against NHS Fife and Dr Upton after she was suspended from work for challenging the trans medic in the female changing room on Christmas Eve 2023. The tribunal has previously heard Mrs Peggie tell how she needed to use the changing room because she had a sudden and heavy period. She took legal action claiming being made to change with a biological man is unlawful. Her case has become the most high-profile tribunal case in the country - and as it continues increasingly bitter. Mrs Peggie named the 13 other hospital workers who agreed with her - adding to the three staff she revealed when she first gave evidence in February. During an hour of questioning by both her lawyer and NHS Fife KC Jane Russell, the tribunal heard how colleagues who had been supportive turned to 'one of shock' when she informed them she had been suspended by the health board. She told the tribunal: 'They couldn't believe what had happened to me.' And she revealed how her Royal College of Nursing representative had told her to 'get a hobby' following her suspension. In May we revealed the nurse, who had been a member of the RCN union for 30 years had launched legal action against them for failing to represent her. Mrs Peggie also addressed claims that she was racist telling the tribunal that she had been in a group chat for years with colleagues she had holidayed with several times. Messages revealed Mrs Peggie had shared jokes about the Pakistani floods, which had been described as 'racist' by one group member in evidence this week. But Mrs Peggie insisted that while they were 'distasteful', the message was sent as 'dark humour to her friends'. And she said that a comment she was alleged to have made about posting a 'packet of bacon through the letter box of a mosque', was in fact made by a paramedic. NHS Fife's KC Ms Russell put it to her: 'Have you realised that these messages don't put you in a very good light and so you have thought of a way to explain them away, and you've come up with the explanation of 'dark humour' which you have repeated again and again?' The nurse rejected this but admitted she had used racial slurs but said she was 'brought up like that'. She rejected claims that she had embarked on a 'hate campaign' against Dr Upton. The veteran nurse who has an unblemished record, told Ms Russell: 'I don't have any bad feelings towards trans people, I just don't believe they should be in women's changing areas.' The tribunal was told Mrs Peggie asked a colleague for a picture of 'that weirdo Beth', and claims, which Mrs Peggie rejected, that she had called the medic a 'weirdo' at her birthday lunch. The nurse, who was cleared of misconduct in a separate internal NHS probe earlier this month, said she did not think the medic was a 'weirdo'. She told the tribunal: 'I think he looks strange because he's very obviously a man who wants to wear women's clothing.' Mrs Peggie rejected Ms Russell's suggestion that the only reason she went to the changing room that night was to 'confront Dr Upton in a way that you knew was objectional'. Earlier, Fife NHS Dr Maggie Currer claimed it was an 'error' to have told colleagues that Mrs Peggie had been referred to the Nursing and Midwifery Council. When quizzed about Dr Upton being 'biologically male' the emergency department consultant told the tribunal: 'She's chromosomally male. And as far as I'm aware, although I have not examined Dr Upton, she is also, in terms of secondary sexual characteristics, in terms of genitalia, male but I have not examined her.' The tribunal will reconvene in September for oral submissions.
South Wales Guardian
20 hours ago
- Health
- South Wales Guardian
Transgender doctor is ‘chromosomally male', consultant tells tribunal
Nurse Sandie Peggie was suspended after she complained about having to share a changing room with trans medic Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. At an employment tribunal in Dundee on Tuesday, emergency department consultant Dr Maggie Currer was cross-examined by Ms Peggie's lawyer, Naomi Cunningham. The consultant said she did not advise staff that Dr Upton would be allowed to use female changing facilities as she 'did not think it was reasonable to violate someone's confidentiality'. The consultant disagreed this made it harder for staff to object. She rejected a suggestion that terminology such as the word 'bigot' was used in the department regarding attitudes towards gender. Dr Currer also said it was an 'error' that she wrote in an email to colleagues that Ms Peggie had been referred to the Nursing and Midwifery Council on January 5 2023, and added: 'I was aware she hadn't been so that is indeed an error.' She added: 'In hindsight I could have checked with medical staff whether or not they were going to be comfortable with Dr Upton using the female changing rooms. 'No concerns were raised with me at the time; there are other spaces which people can use to change. 'I'm still not sure that advertising Dr Upton's trans status would have been the right thing to do.' Ms Cunningham said: 'Someone had to be the first to object, this was an environment where senior staff were insisting that trans women were women and only a bigot would deny that. Objecting is going to take real courage isn't it?' Dr Currer said: 'I don't think that terminology was ever used – that only a bigot would deny that.' Ms Cunningham put it to her that 'Dr Upton is quite simply biologically male'. Dr Currer said: 'She's chromosomally male, as far as I'm aware. 'Although I've not examined Dr Upton she's also in terms of genitalia male, but I have not examined her.' The tribunal continues.
Scotsman
a day ago
- Health
- Scotsman
Nurse Sandie Peggie names 13 colleagues she says agreed with her in trans changing room dispute
Nurse tells tribunal told NHS Fife workplace was 'very toxic' and admits using racial slurs Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Sandie Peggie has named 13 colleagues who she alleged disagreed with a decision by NHS Fife to allow a transgender doctor to share a women's changing room. Ms Peggie also told an employment tribunal her workplace was 'very toxic'. Advertisement Hide Ad Advertisement Hide Ad The nurse was suspended after she complained about having to share a changing room with trans medic Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. Nurse Sandie Peggie | The Scotsman She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. On Tuesday, Ms Peggie was recalled to be questioned about evidence from other witnesses, and she said it made her 'very sad' to name colleagues who had allegedly shared her concerns about single-sex changing rooms. Advertisement Hide Ad Advertisement Hide Ad Ms Peggie said: 'I didn't want anybody else to be put in the same predicament.' During re-examination by her barrister Naomi Cunningham, Ms Peggie named a total of 13 NHS Fife workers including receptionists and a consultant – some of whom she had named previously. She also branded her workplace 'very toxic', the tribunal heard. She admitted she had used racial slurs but said she was 'brought up like that', and said it was not a 'politically correct way'. Advertisement Hide Ad Advertisement Hide Ad She claimed it did not cause offence within the community where she lived, including neighbours from Chinese and Pakistani backgrounds. Ms Peggie said the reaction from colleagues when she had been suspended was 'one of shock, they couldn't believe what had happened to me', and she alleged Dr Upton had complained in a previous placement 'because of an elderly patient in their 90s who had called him 'son'', the tribunal heard. She said when she asked for a photograph of Dr Upton using the phrase 'that weirdo', it was a picture from a night out 'where he looked like a man in a dress'. Ms Peggie defended her own comments on topics such as flooding in Pakistan, and a comment about putting bacon through the letterbox of a mosque, as 'dark humour'. Advertisement Hide Ad Advertisement Hide Ad She was questioned by Jane Russell KC, representing Dr Upton and NHS Fife, on comments provided by two witnesses as well as comments from a Benidorm group chat of colleagues who went on holiday together. The nurse said: 'It was never my intention to offend people outside my group of what I thought was very close friends.' Ms Peggie said she did not make a comment about putting bacon through the letterbox of a mosque, and attributed it to a paramedic, however she said: 'I wouldn't offend any Muslim people by speaking like that in front of them, it's a comment that's been made to one person only or between us.' She said she had 'a fear of it being built' because she was 'frightened of Shariah law', and had an objection to 'illegal immigrants', the tribunal heard. Advertisement Hide Ad Advertisement Hide Ad It was put to her that two witnesses who attended her birthday lunch recalled her using 'derogatory' terminology to talk about Dr Upton. Ms Peggie said: 'The only thing I was discussing at the lunch was how I felt on the changing room, and that was what I was asking people.' The lawyer said a colleague withdrew from the Benidorm group chat, saying Ms Peggie was 'relentless in her nastiness', and that Dr Upton 'does not deserve the hate campaign that is obviously being waged not only by Sandie but other staff as well', the tribunal heard. Nurse Sandie Peggie and Dr Beth Upton | PA Ms Russell said: 'You were waging a hate campaign against Dr Upton, weren't you?' Ms Peggie said: 'No.' Advertisement Hide Ad Advertisement Hide Ad Asked if she believed trans people were 'pretending' to access single-sex spaces, Ms Peggie said: 'I don't have any bad feelings about trans people, I just don't believe they should be in the women's changing room. 'I still believe a trans woman is a man and shouldn't be in the female changing room.' The KC was admonished when she asked who was paying for Ms Peggie's legal representation. Advertisement Hide Ad Advertisement Hide Ad Another message was put to Ms Peggie, where she said 'those policies are a… minefield, been looking at menstrual privacy stuff as well', the tribunal heard. Ms Russell said: 'Was this detail about the menstrual flood a cover to disguise the fact that the only reason you went to the changing room was to confront Dr Upton?' Ms Peggie said: 'No.' Earlier on Tuesday, a consultant told the tribunal Dr Upton is "chromosomally male". Emergency department consultant Dr Maggie Currer was cross-examined by Ms Peggie's lawyer, Naomi Cunningham. Advertisement Hide Ad Advertisement Hide Ad The consultant said she did not advise staff that Dr Upton would be allowed to use female changing facilities as she "did not think it was reasonable to violate someone's confidentiality". The consultant disagreed this made it harder for staff to object. She rejected a suggestion that terminology such as the word "bigot" was used in the department regarding attitudes towards gender. Dr Currer also said it was an "error" that she wrote in an email to colleagues that Ms Peggie had been referred to the Nursing and Midwifery Council on January 5 2023, and added: "I was aware she hadn't been so that is indeed an error." Advertisement Hide Ad Advertisement Hide Ad She added: "In hindsight I could have checked with medical staff whether or not they were going to be comfortable with Dr Upton using the female changing rooms. "No concerns were raised with me at the time; there are other spaces which people can use to change. "I'm still not sure that advertising Dr Upton's trans status would have been the right thing to do."
