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Times
a day ago
- Health
- Times
Sandie Peggie was viewed as misbehaving, lawyer claims
A veteran nurse was viewed as 'misbehaving' for refusing to share a female changing room with a transgender doctor, her lawyer has claimed in a landmark tribunal. Dr Kate Searle, an A&E consultant, recalled being told about two occasions when Sandie Peggie left the women's changing facilities at Victoria Hospital, Kirkcaldy, when Dr Beth Upton entered, causing the doctor to feel 'uncomfortable'. She said that Peggie could have been reported to her manager, but Upton, who is biologically male but identifies as female, deciding against pursuing the matter further. Peggie confronted Upton on the third occasion on which they met in the female-only space, on Christmas Eve 2023, claiming the doctor had no right to be there. This led to Peggie's suspension from work and an 18-month internal investigation, in which the nurse was cleared last week. Peggie had been warned that she could have been sacked, after a 30-year career, had the health board found against her.
The Irish Sun
3 days ago
- Health
- The Irish Sun
JK Rowling slams ‘hapless' NHS bosses who suspended nurse for complaining about trans doc using female changing rooms
AUTHOR JK Rowling has slammed "hapless" NHS bosses for suspending a nurse who challenged a trans doctor in the female changing rooms. was Advertisement 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 made an allegation of bullying and harassment. But she was The Writing on social media, Rowling fumed: "This is Nicola Sturgeon's legacy. Advertisement Read more News "... 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. Advertisement Most read in The Sun "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. has been a prominent women's rights campaigner and has often been vocal on what she calls "sex-based rights" for several years. The Advertisement 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. Advertisement 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. Advertisement 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. Advertisement 4 Rowling has come under fire for comments made in the past towards trans people Credit: Getty
The National
6 days ago
- Health
- The National
Sandie Peggie denies making racist comment as new allegation emerges
Witnesses Dr Elspeth Pitt, a consultant in emergency medicine, and Louise Curran, a senior charge nurse and Peggie's line manager, gave evidence on Friday. Pitt was the first person to see Dr Beth Upton after her altercation with Peggie, while Curran gave insight into Peggie's character. The Herald reported Curran told Ms Russell KC that she had heard Peggie had views on "religion, race and politics" through conversations with other staff members. She stated that she had heard Peggie was not happy about transgender staff using female facilities, before stating: "I believe there had been a racist comment to one of our junior doctors who is now a consultant." READ MORE: Pro-independence politicians respond to John Swinney's strategy She went on to reference a comment allegedly made by Peggie that she was unhappy with different types of food being cooked in the staff room by an Asian staff member. Bundles of evidence seen by The Herald said Peggie "strongly denied" claims of racism. She said: "The inference is I am racist and if Louise Curran is going to level such a serious allegation, then she should provide the names of the staff she states gave her this information." Peggie also pointed out that she works nightshift and would not be present during staff lunch periods. "I work night shifts only and so I'm never present at work when staff doctors are preparing their lunches. The team is extremely diverse from a wide range of ethnic backgrounds and I have a good working relationship with all colleagues," she said. 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. Earlier this week it emerged she had been cleared of all internal disciplinary charges. Peggie's solicitor, Margaret Gribbon, said: 'On Tuesday, 14th 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. 'Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.' Last week, it emerged NHS Fife had spent more than £220,000 defending itself in the employment tribunal, which is expected to last several more days. However, the amount the health board pays is capped at £25,000 because it is part of a Scottish Government scheme known as Clinical Negligence and Other Risks Indemnity Scheme (CNORIS). Taxpayers cover these costs.
The Herald Scotland
7 days ago
- Health
- The Herald Scotland
Head of nursing ‘can't recall' risk assessment behind Sandie Peggie's suspension
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.' Sandie Peggie and Dr Beth Upton both worked at Victoria Hospital in Kirkcaldy, Fife, at the time (PA) 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.
North Wales Chronicle
16-07-2025
- Health
- North Wales Chronicle
NHS Fife equality lead sought guidance on trans staff policies, tribunal told
Nurse Sandie Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3, 2024 after she complained about having to share a changing room with trans medic Dr Beth Upton. After Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care', Ms Peggie was suspended but was notified of safety allegations on March 28, 2024 in a letter, the tribunal heard earlier this year. 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. The tribunal in Dundee resumed on Wednesday after previous hearings in February, and comes after the UK Supreme Court ruled in April that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex', a ruling which has been publicly welcomed by Ms Peggie. Isla Bumba, NHS Fife's equality and human rights lead officer, told the tribunal on Wednesday she researched the policies of other health boards as there was no regional policy in place regarding trans employees in 2023. Questioned by NHS Fife's counsel Jane Russell KC, Ms Bumba said that in August 2023, her line manager Esther Davidson had sought advice on transgender policies. Ms Bumba said: 'Esther called me, I believe she had called me to ask for very generic and informal advice. I was told they had a transgender staff member who was due to join the workforce, she was seeking advice on how best to accommodate them particularly around changing rooms.' She added: 'I said it could be deemed discriminatory to not allow a trans person access to facilities that aligned with their gender, but I recommended that it might be worthwhile having a conversation with the person directly if they had been open about their trans status to see where they would be most comfortable.' Ms Bumba said she looked at policies from NHS Lanarkshire and NHS Highland, and was regularly communicating with peers in her role as part of the NHS Scotland Equality Leads Network, and she was also working on a draft patient policy. Ms Russell read from the NHS Highland policy which said: 'Staff must be treated in accordance with self-declared gender regardless of whether under medical supervision or having gender recognition certificate.' Ms Bumba said the policy 'exactly' aligned with her understanding, and at the time, a national policy Once For Scotland from NHS Scotland was being worked on in draft form. She said she believed the national policy had been 'soft launched' before being withdrawn in February 2025 due to legal proceedings. Ms Bumba said she was providing advice on trans issues 'relatively frequently… at least once a month or every couple of weeks', and she believed Dr Upton was not the only transgender employee at NHS Fife. Ms Bumba said she was contacted by Dr Upton's line manager, Dr Kate Searle, on December 8 2023, and referred to the draft national policy. Ms Bumba went on annual leave between December 24 that year until January 3 2024, when she said she became aware of a conflict between a doctor and a nurse. She told the tribunal she read a Datix report titled 'hate incident' and read an email from Dr Searle on January 8, and offered to have a chat 'to see what the plan was moving forward'. However she said this meeting did not happen as it was 'chaotic', and Dr Searle was off the following day. She said she had previously advised two line managers to speak to HR but believed they had already done so in her absence. Ms Bumba said: 'I believe the advice I gave was that from the information I'd been given it sounded like a very unpleasant incident, it could be deemed discriminatory and I recommended they seek advice from HR. 'I believe the Datix was listed as a hate incident which would suggest the person who listed it believed it was discriminatory.' However she said she had no further involvement until July 2024 when a press report prompted a meeting. Ms Bumba said: 'I did remind the group that the nurse involved was entitled to her beliefs and that gender-critical beliefs were protected under the Equality Act, but that the NHS expects staff to behave with care and compassion.' She said the draft patient policy was put on hold and NHS Fife was 'hesitant' about the draft national policy, the tribunal heard. Ms Bumba said: 'I believe the soft launch has been pulled since the onset of this tribunal.' Hours before the tribunal was due to restart, Ms Peggie's solicitor Margaret Gribbon said the nurse had been cleared of gross misconduct allegations following a separate health board disciplinary hearing. The inquiry continues.
