Latest news with #Upton
The National
34 minutes ago
- Health
- The National
For Women Scotland to intervene in Sandie Peggie tribunal
Peggie, a nurse, was suspended after she complained about having to share a changing room with transgender 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'. Peggie then 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. READ MORE: Firm linked to technology secretary awarded £10.2m in contacts The tribunal has become a flash point for gender-critical campaigners and anti-trans groups, particularly following the Supreme Court ruling on the definition of a woman earlier this year. And now FWS, which took the case regarding the definition of a woman as 'biological sex' to the UK's highest court, have announced they have been granted permission to intervene in the ongoing tribunal. Correspondence with the tribunal services was posted by the group on their website, and confirmed there had been no objections to their intervention. It reads: 'Your email and letter of 25th and 28th of July 2025 were considered by the Tribunal, and the parties were offered an opportunity to comment. 'The claimant has no objection to your application under rule 36, and the respondents did not on the understanding that the intervention was purely to be in that written form.' It added that FWS was given permission to intervene via a written letter. 'The Tribunal is not in a position to comment on the matters you raise until all submissions have been made by the parties, with those in written form and laterally orally on 1 and 2 September.' FWS also published their submission where they raised 'concerns' about three exchanges that had taken place during the tribunal so far. The first where Jane Russell KC, for NHS Fife, said that the Supreme Court judgment is an 'abstract case regarding representation on public boards in Scotland does not concern toilets etc'. Another where the KC said Dr Upton 'is not a man, she is a transwoman', and added that she did not agree with the summary of FWS, and the third which was in a similar vein. READ MORE: Scottish politicians unfollow Unionist group after 'bomb Holyrood' Twitter/X post In response, FWS wrote that the first exchange was 'not factually correct'. They added: 'In the second and third exchanges, Ms Cunningham was factually correct in her statement that Dr Upton is a man under the Equality Act in accordance with the For Women Scotland ruling by the Supreme Court. 'This should not be a point in dispute by the court, nor regarded as contentious or a hypothesis to be tested.' We previously told how Peggie allegedly told colleagues that she 'wanted to post bacon through the letterbox of a mosque'.
The Herald Scotland
17 hours ago
- Health
- The Herald Scotland
For Woman Scotland intervene in Sandie Peggie tribunal
For Women Scotland (FWS), the group responsible the landmark ruling in April, warned the employment tribunal's judgment could be open to "appeal on any point where Dr Upton's sex is relevant". He made the remarks while overseeing evidence in the tribunal dispute centred around transgender doctor Dr Beth Upton's use of the female changing room at Victoria Hospital in Dundee. During the tribunal, NHS Fife's lawyer Jane Russell KC repeatedly objected to Dr Upton being referred to as a "man" by Ms Peggie's barrister Naomi Cunningham. She described the FWS judgment - which ruled that the terms "sex", "man" and "woman" in the 2010 Equality Act referred to biological sex - as an "abstract case" that only related to the representation of public boards in Scotland. Ms Russell later told the tribunal that "Dr Upton was not a man, she is a transwoman". Ms Peggie's barrister Ms Cunningham referenced the FWS judgment, stating that "legally speaking, a transwoman is a man". Judge Kemp then intervened, stating on July 23: "I think that's a contentious matter, what exactly For Women Scotland says and what it means. "I think it would be appropriate to put this on a hypothesis that you have outlined - on the hypothesis of what you say is correct in law. "That would be appropriate. But until we have had the opportunity of hearing all the submissions and making our decisions on that, this is a point in dispute." Following that exchange, FWS asked for permission to intervene in the employment tribunal. Read more: Clerks from the Dundee Tribunal Hearing Centre wrote to the organisation on Thursday to state neither legal teams objected to the intervention. The submission from FWS's Trina Budge, Marion Calder and Susan Smith, said Ms Russell KC was "simply not factually correct", adding the organisation was "surprised" there was no correction by the tribunal. FWS then condemned the comments by the judge, adding: "This should not be a point in dispute by the court, nor regarded as contentious or a hypothesis to be tested." The organisation said it was "beyond doubt" that the Supreme Court ruled that the term woman was linked to biological sex. The submission said: "It is simply not a stateable argument for Ms Russell to propose that For Women Scotland does not say that Dr Upton is a man. "It may well be a matter for the court to decide whether the Supreme Court judgment has any applicability to the case in hand, but it is not open for Ms Russell, or the tribunal, to contest the findings of the apex court. "We are concerned about two things, firstly that closing submissions may attempt to re-litigate our case and debate the definitions of "sex", "woman", and "man" in the Equality Act, when these are settled matters in law. "And secondly, that if the tribunal does not make it clear to the parties (and the viewing public) that "what exactly For Women Scotland says" is in fact clear and settled in law and not "contentious", "a hypothesis" or "in dispute" then it may render the judgment open to appeal on any point where Dr Upton's sex is relevant." Read more: On Thursday, tribunal clerks wrote to FWS, stating: "The tribunal is not in a position to comment on the matters you raise until all submissions have been made by the parties." The tribunal resumes for oral submissions on September 1 and 2, with both legal teams appearing in person in Dundee. However, it is unlikely a decision will be made on the day, with the judge expected to take a significant period of time to consider the evidence. It could be until December before a judgment is declared. FWS's Supreme Court appealed the Gender Representation on Public Boards (Scotland) Act 2018 which aimed to increase the representation of women on public boards. The legislation stated a trans woman with a Gender Recognition Certificate should be treated as a woman. However, the ruling has had significant ramifications on UK-wide policy. The guidance is currently being considered by governments, while the Equality Human Rights Commission (EHRC) said in May that 'trans woman (biological men) should not be permitted to use the women's facilities and trans men (biological women) should not be permitted to use the men's facilities, as this will mean that they are no longer single-sex facilities'. Last week, the Museum Galleries Scotland, which supports 455 non-national museums and is Scottish Government-funded, said these proposals could force some museums to close or leave trans people with no facilities.
The Herald Scotland
20 hours ago
- Health
- The Herald Scotland
The story of NHS Fife's legal fees in Sandie Peggie tribunal
However, the case is complex and NHS Fife do not actually pay the full costs. The taxpayers most likely will. Shared legal team Crucially, NHS Fife is sharing a legal team with Dr Upton, the transgender medic at the forefront of the case. This may sound odd but it is actually standard in NHS legal cases. It is argued that the staff member may only have become exposed to any risk of liability after being sued while doing their job. However, NHS Fife must weigh up the risks in sharing a legal team, including whether there could be any "conflicts of interest". Ms Peggie is suing her employer and Dr Upton after she objected to the trans medic's use of the female changing room on Christmas Eve in 2023 at Victoria Hospital in Kirkcaldy. She also made reference to the situation being similar to men being housed in the female prison estate. The nurse was placed on special leave in December 2023 and suspended in January 2024. She was cleared of all misconduct allegations on July 15 2025, including two patient safety complaints. NHS Fife legal team It is important to note that health boards in Scotland do not directly employ their own solicitors. Solicitors in the Central Legal Office (CLO) act exclusively for the NHS. However, the CLO then appointed Jane Russell KC, from the Essex Court of Chambers in London, to represent the case in court. Silks - or King's Counsel (KC) barristers - typically charge between £500 and £1,500 per hour. Given Ms Russell had been at Dundee Tribunal Hearing Centre over 10 days from July 16, with court sitting approximately between 10am and 4pm each day, the recent sessions could have cost the health board in the region of £30,000. However, NHS Fife is a member of the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). This is a pooling arrangement between Scottish health boards and means NHS Fife will only be required to meet the first £25,000 of the cost. The remaining bill is covered by the scheme, which is paid for through the Scottish Government's Health and Social Care Directorate that underwrites the scheme. Costs so far As of June 30, NHS Fife have accrued £258,831.31 in legal costs associated with the Sandie Peggie case. But the costs are undoubtably set to rise. Research by Murray Blackburn Mackenzie policy collective states: "The decisions which have driven the cost of this case rest formally with NHS Fife, but in practice the CLO also appears to be a relevant decision-maker of some sort, but to what extent and with what oversight from its own senior management, is very difficult to say. "Perhaps the only place it will ever be possible to unpick the full story of who decided what, when and how, will be in front of a parliamentary committee, with the questions asked direct of senior staff and board members for NHS Fife, National Services Scotland and the Scottish Government itself." In a statement published on July 18, NHS Fife said: "As of 30 June 2025, £258,831.31 in legal costs have been recorded as expenditure related to the legal services associated with this case. "NHS Fife is liable for the first £25,000 of costs associated with defending the case." Earlier this year, NHS Fife did not reveal the legal costs, stating that the health board "believed that it did not hold the figures requested as the legal fees were managed through the Central Legal Office (CLO) and National Services Scotland (NSS) who administered the CNORIS Indemnity scheme". Following criticism from the Scottish Information Commissioner, NHS Fife revealed the costs amounted to £220,465.93 up to May 2025.
The Herald Scotland
a day ago
- Health
- The Herald Scotland
Sandie Peggie compensation demands for NHS Fife revealed
While working at Victoria Hospital in Kirkcaldy, Ms Peggie objected to the trans medic's use of the female changing room. She also made reference to the situation being similar to men using the female prison estate, with Dr Upton lodging a formal complaint. The nurse was placed on special leave in December 2023 and suspended in January 2024. Two patient safety concerns were then raised. Read more: Ms Peggie learned she had been cleared of all misconduct allegations on July 15, the eve of the tribunal resuming and 18 months after the changing room dispute. It is understood the nurse is seeking compensation from Dr Upton and NHS Fife if she wins the tribunal, according to The Courier newspaper. She is seeking a pay out from both for "unlawful discrimination", "harassment", and "hurt feelings". The newspaper also revealed that Ms Peggie wants an additional 25% compensation from NHS Fife due to an "unreasonable delay" to the health board's delay to its internal investigation into her conduct. The demands were set out in May 2024 and include a "protected disclosure detriment" declaration from both respondents. The nurse may also ask for a specific policy update from NHS on the protection of single-sex spaces, with ramifications for the health service across the country. Evidence from NHS Fife's equality and human rights lead Isla Bumba told the tribunal that a Scotland-wide NHS policy was "soft launched" in October 2024. Read more: That policy, only released to the public under Freedom of Information legislation, states that denying a trans person the right to use their preferred facilities could be "unlawful discrimination". It adds that trans individuals do not require a gender recognition certificate and "should not routinely be asked to produce it as evidence of their legal gender". However the nationwide guidance on transgender staff inclusion was quietly pulled in February as a result of the ongoing employment tribunal. NHS Fife did not have its own specific transgender workplace policies, with Ms Bumba telling the tribunal she relied on the guidance of other health boards. She then told senior staff at NHS Fife that it could be "deemed discriminatory" not to allow a trans person access to facilities that "align with their gender". She recommended that line managers had a conversation with Dr Upton on where they were most comfortable. That conversation did take place, with Dr Upton advising they had used female changing rooms before and were therefore comfortable to continue. The tribunal heard, however, that female staff using the emergency department locker room were not informed or asked whether they were comfortable sharing facilities with a transgender person. The tribunal also heard that NHS Fife's equality and human rights lead had not consulted the Workplace (Health, Safety and Welfare) Regulations 1992, which states that changing facilities will not be suitable "unless the include separate facilities for or separate facilities by, men and women where necessary for reasons of propriety". However, a verdict is not expected anytime soon. Both legal teams return to the Dundee Tribunal Hearing Centre on September 1 and 2, where they will set out their oral submissions. From there, it is for Employment Judge Sandy Kemp to decide when to give his judgment. It is highly unlikely he will hand down his judgment on the day and instead is expected to consider the case in avizandum - a period of private consideration. Similar cases where this has been used - including the Scottish Government's 2023 challenge of the gender reform block - took months. In that case, judgment may not be made until December.
Scottish Sun
2 days ago
- Health
- Scottish Sun
JK Rowling slams ‘hapless' NHS bosses who suspended nurse for complaining about trans doc using female changing rooms
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) AUTHOR JK Rowling has slammed "hapless" NHS bosses for suspending a nurse who challenged a trans doctor in the female changing rooms. Sandie Peggie was suspended after she objected to sharing a changing room with Dr Beth Upton - a biological male - at the NHS Fife hospital where they both worked in Scotland. Sign up for Scottish Sun newsletter Sign up 4 JK Rowling has slammed NHS bosses for their 'hapless and unprofessional' behaviour Credit: twitter/jkrowling 4 Sandie was suspended from work in January 2024 Credit: Iain Masterton 4 Dr Upton - a biological male - made an allegation of bullying and harassment Credit: Alamy Sandie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, in January last year after Dr Upton made an allegation of bullying and harassment. But she was cleared of allegations of misconduct, failures of patient care and misgendering the doctor in an internal disciplinary hearing. The Harry Potter writer, 59, also took aim at former Scottish First Minister Nicola Sturgeon, suggesting the "unprofessional" behaviour of NHS Fife was a direct result of her legacy. Writing on social media, Rowling fumed: "This is Nicola Sturgeon's legacy. "... a government that publicly backs the hapless, unprofessional, ideologically captured health board that's persecuting a nurse for asserting her legal right to a single-sex changing room." Ms Peggie's solicitor Margaret Gribbon said that the nurse - who has worked at the health board for 30 years - was "relieved and delighted" after being cleared of the allegations. In a statement, Ms Gribbon said: "On Tuesday 14 July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld. "This follows a disciplinary hearing on 25 June, which considered four gross misconduct allegations: two relating to patient care failures, one of 'misgendering' Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023. "Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations." It comes as an employment tribunal brought by Ms Peggie against the health board is set to resume this week. JK Rowling has been a prominent women's rights campaigner and has often been vocal on what she calls "sex-based rights" for several years. The writer praised BBC newsreader Martine Croxall last month after she refused to say "pregnant people" on air. Gender row nurse cleared of gross misconduct She joked she had a "new favourite BBC presenter" after Martine overruled her autocue which referred to "pregnant people" being at risk during the recent hot weather. Rowling has come under fire for comments made in the past towards trans people. In 2020, the esteemed author slammed the growing trend of replacing "biological sex" with "gender identity". Her stance, that declared "sex is real", led to death threats, but also moulded her into a figurehead for the "gender-critical" movement. Activists accused her of transphobia in 2020 when replying to an article with the headline: "Opinion: Creating a more equal post Covid-19 world for people who menstruate." She tweeted: "'People who menstruate'. I'm sure there used to be a word for those people. "Someone help me out. Wumben? Wimpund? Woomud?" Her remarks led to criticism from Potter actors Daniel Radcliffe, Emma Watson, Rupert Grint, who ignored the fact her books had made them famous to launch a string of attacks. It was Rowling's beloved group For Women Scotland which also launched a long-running legal battle with the Scottish government over how a "woman" was defined in Scottish law. The Scottish government had argued people with gender recognition certificates (GRCs) should be protected from sex-based discrimination, meaning a transwoman would be considered a woman. However, campaign group For Women Scotland claimed this only applied to people born as a female. In April, the Supreme Court's landmark judgement ruled that it was unanimously determined "sex is binary" and that female-only spaces must be protected on the basis of biology.
