Latest news with #changingroom
Times
7 days 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.
Telegraph
19-07-2025
- Health
- Telegraph
NHS nurse Sandie Peggie ‘taking legal action' against union over trans row
A nurse who complained about a transgender doctor using a female changing room has said she is taking legal action against her trade union. Sandie Peggie was suspended from her job last year after she complained about having to share a changing room with Dr Beth Upton, a transgender medic. 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 last week. The suspension led to an employment tribunal this year, at 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,' Margaret Gribbon, Ms Peggie's lawyer, 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 Herald reported that Ms Peggie would be taking action for unlawful discrimination. An RCN spokesman told it: 'We have responded to the claim, and we deny all the allegations from Ms Peggie.' The row centres on an encounter between Ms Peggie and Dr Upton on Dec 24, 2023. The nurse experienced a sudden and heavy period and feared that it had bled through to her scrubs. She entered the female hospital changing room to find Dr Upton, and challenged the medic's presence. Within hours, a bullying complaint was lodged by Dr Upton. Ms Peggie was placed on special leave, and then suspended, after Dr Upton made the allegation of bullying and harassment and cited concerns about 'patient care'. 'Biological sex is immutable' In May last year, Ms Peggie submitted a formal claim to the employment tribunal against NHS Fife and Dr Upton for sexual harassment, belief discrimination and victimisation. The nurse complained of being required to share a single-sex space with someone she believed to be male and being victimised for holding a gender-critical belief that biological sex is immutable. It was not possible for the doctor to have held a gender recognition certificate in December 2023, meaning the medic was legally male. However, Dr Upton claimed during the first part of the tribunal, in February, to be 'biologically female'. It emerged on Wednesday this week, hours before the tribunal resumed, that Ms Peggie had been cleared of gross misconduct by an NHS Fife disciplinary hearing. However, the health board has so far ignored calls to stop contesting the tribunal. In a statement, the health board previously 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.'
The Independent
17-07-2025
- Health
- The Independent
Hospital was advised trans doctor could use female facilities, tribunal told
The head of nursing at NHS Fife says the department 'took guidance' when it decided to continue allowing a transgender medic to use a female changing room, despite a complaint from a nurse's solicitor. Gillian Malone told an employment tribunal she perceived that allegations about nurse Sandie 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. At the tribunal on Thursday, Ms Malone said it was her responsibility to 'speak up' on issues around female nurses sharing a changing room with a transgender doctor, and said the 'department took guidance' when refusing to meet a request made by Ms Peggie's solicitor. Service manager Lottie Myles sent an email to Ms Malone on March 7, 2024 following a meeting with Ms Peggie where she asked why Dr Upton could not be moved or asked to change elsewhere. Despite Ms Peggie asking through her solicitor that when she returned to work she 'could be assured of a single-sex space to change in', the board did not act, the tribunal heard. Ms Malone said: 'The department took guidance from the equality and human rights lead, and that wouldn't be what we would do. 'We took guidance that Beth could continue using the female changing facility.' Cross-examining, barrister Naomi Cunningham said: 'The result of refusing to give her that guarantee of no men in female changing room would be that Sandie couldn't return to work safe in the knowledge that when she got dressed in the women's changing room, there would be no men there.' Ms Malone said: 'We took advice and the guidance at the time was that Beth could use the female changing facility.' The tribunal heard that on March 8, Ms Malone sent an email to HR worker Melanie Jorgensen and others that a 'further risk assessment is supported for returning SP to the workplace'. Ms Cunningham said: 'It had already been established at end of December that there was no shift overlap between the claimant and Dr Upton in January so there was no need to keep them apart. That had already been established by January 3 when the suspension was put in place.' Ms Malone said: 'I can't recall.' Ms Cunningham said: 'What seems to have happened is that the risk assessment has been done after a decision to continue suspension.' She said confidentiality had been 'hopelessly lost' on December 29, 2023 when Dr Kate Searle sent an email to all consultants in the emergency department with Dr Upton's version of events, and again on January 12, 2024 when Dr Searle emailed about the incident – including Ms Peggie, Dr Upton and potential witnesses. Ms Malone said: 'I don't think she [Kate Searle] should have done that.' However on July 3, after press reports, Ms Peggie was given a reminder about confidentiality – which Ms Cunningham said was to 'silence her', and referred to emails exchanged on March 7 between Ms Malone and Ms Myles, which referred to 'misgendering' and the 'risk' of Ms Peggie 'using he/him which may cause unrest in the wider NHS team', the tribunal heard. Ms Cunningham said: 'That tends to underline that the damage limitation is about preventing unrest in the workplace due to Sandie Peggie's use of correct sex pronouns for Dr Upton.' She said 'prohibiting the subject matter' was primarily about 'preventing her ability to organise with others who shared her concerns', and to 'prevent her expressing gender-critical belief'. Ms Malone said: 'I don't agree.' During re-examination by counsel for NHS Fife Jane Russell KC, Ms Malone was asked if she believed commenting on chromosomes was 'gender-critical belief'. She said: 'No I do not. I think it's an unwanted comment.' Ms Russell asked if based on her knowledge of the allegations on Christmas Eve, she believed Dr Upton had sexually harassed Ms Peggie. The witness said: 'No I don't believe Dr Upton sexually harassed Ms Peggie. I believe it was unacceptable behaviours, unprofessional behaviours which warranted investigation.' The tribunal continues.
The Sun
16-07-2025
- Health
- The Sun
Nurse hauled to court after complaining about trans doctor using female changing rooms is CLEARED
A NURSE has been cleared of misconduct after complaining about a transgender doctor using a female changing room. Sandie Peggie was suspended after she complained about having to share a changing room with Dr Beth Upton at the NHS Fife hospital where they both worked in Scotland. 4 4 4 Ms Peggie was facing allegations of misconduct, failures of patient care and misgendering Dr Upton. None of them were upheld in an internal disciplinary hearing. 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. In a statement, Ms 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. "This follows a disciplinary hearing on 25th 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 on Wednesday. She took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing. Employment tribunal hearings took place in Dundee in February and it was then adjourned until July. The tribunal resumes 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. The hearing starts again on Wednesday in Dundee and is expected to last 11 days. Last week, it emerged that NHS Fife has spent more than £220,000 defending itself in the employment tribunal. The extent of the costs was uncovered following an intervention by Scotland's information commissioner.
