Transgender medic row could be viewed as hate crime, consultant tells tribunal
Nurse Sandie Peggie 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'.
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.
Dr Maggie Currer, deputy clinical lead at NHS Fife, gave evidence to the tribunal in Dundee on Friday.
She said she sent a 'need-to-know' email about the incident to five members of the senior leadership team on January 5, 2024 and suggested 'HR would be the most appropriate people to contact'.
She disputed an assertion put to her by Jane Russell KC, representing NHS Fife and Dr Upton, that the health board 'permits staff to use facilities which align with gender identity'.
Dr Currer said: 'That hasn't been my experience, I think it is considered on a case-by-case basis.'
Her email described the Christmas Eve dispute as 'similar' to an incident of a patient racially abusing a doctor, the tribunal heard.
Dr Currer said: 'My understanding is incidents of aggressive or abusive behaviour directed to anyone of a protected characteristic could be considered to be a hate crime.'
She told the tribunal she believed she had been informed of the dispute as she had worked at NHS Fife for 15 years.
Dr Currer said she was aware of Ms Peggie's gender-critical views as she had overheard her talking about them.
She said: 'I was aware. I was aware by report, from directly overhearing. I have also heard Ms Peggie directly articulate those views.
'This is from memory and some time ago, but I have certainly heard Ms Peggie articulate that it was not possible to change your sex.'
She said she first met Dr Upton during a teaching session and the junior doctor had made a disclosure about her trans identity.
Dr Currer said: 'Dr Upton said to me, was I aware she was trans, she said she just wanted to let me know.'
The consultant also said she had contacted equality lead Isla Bumba by telephone in August 2023 about Dr Upton's right to use female changing facilities.
The tribunal continues.
Get all the latest news from around the country Follow STV News
Scan the QR code on your mobile device for all the latest news from around the country
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald Scotland
16 hours ago
- The Herald Scotland
Museums Scotland warn venues may close over toilet guidance
The EHRC closed a consultation on proposed changes to statutory guidance last month, following the Supreme Court ruling in April that "sex" in the Equality Act 2010 refers to biological sex, and a Gender Recognition Certificate does not change a person's sex for the purposes of the act. An interim update from the EHRC, published in May, said that "trans women (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". READ MORE: Responding to the consultation, Museums Galleries Scotland (MGS), which supports around 455 non-national museums and is funded by the Scottish Government, said EHRC's proposals may "force some museums to close", or "risk leaving trans people with no facilities at all" if changes could not be made. It urged the UK-wide watchdog to "understand the impacts and needs of trans individuals and organisations committed to trans inclusion". The consultation response from MGS said: "We have concerns that the content and process of the EHRC Code of Practice does not uphold the spirit of inclusion. "There is no guidance on how to include trans people, there is only information on how to exclude them. This has not made sufficient effort to offer advice to organisations who wish to remain or become trans inclusive." It warned that due to "lack of clarity" from EHRC, "there is a significant potential that human rights of trans people will be impacted for example, being banned from toilets that align with lived gender", and also raised concerns about the responsibilities of front-of-house staff. The response said: "When there is a need to 'prove' your sex, what proof will be acceptable given gender recognition certificates are not, nor are altered birth certificates. It is likely this role would fall on front-of-house staff, which we believe puts undue pressure on them." It added: "To avoid discrimination, it would require every person using toilets to be checked, adding substantial workload and staff costs. "The guidance implies that to allow trans people to use toilets that fit their identity would put organisations at risk of legal consequences. Yet, to not check everyone could lead to individuals in museums taking decisions to exclude trans people based on subjective tests, related largely to appearance." It warned this could "potentially put trans and non-trans people in humiliating and offensive situations", and that some museums may be forced to close "while they invest time and resources to ensure adequate facilities", and if changes could not be made "this risks trans people having no facilities to use at all". The response said it was aware of the public "policing toilets at heritage sites by making assumptions based on stereotypes", and said this created an "environment of suspicion and policing of everyone's gender presentation, and increases the risks of harassment, distress, and offence". It added: "For some museums, they may need to change their toilet facilities to avoid the higher risk of legal consequences, however, there is unlikely to be capacity or resource for many of them to do this, putting them in a difficult position." The response concluded: "We strongly encourage the EHRC to review their processes around this guidance and take the necessary time to understand the impacts and needs of trans individuals and organisations committed to trans inclusion." Scottish Conservative shadow equalities minister Tess White MSP said: "Museums Scotland seem to be following the Scottish Government in their mistaken bid to avoid implementing the Supreme Court's verdict. The judgment from the UK's highest court was crystal clear. "By criticising the EHRC's guidance, Museums Scotland are flouting the law, putting women and girls in danger and laying themselves open to legal challenge. There is no excuse for evasion on this issue. "Instead of trying to pander to the gender extremists, John Swinney must act now and order all public bodies immediately to comply with the law and provide single-sex spaces." A spokesperson for analysts MurrayBlackburnMackenzie said: "It is deeply concerning that a major national institution signed off and submitted such an ill-informed response to the EHRC consultation. The response fails to consider the needs of women and instead repeats trans activist talking points." PA reported that the Scottish Government, EHRC and Sex Matters have been contacted for comment.
Scottish Sun
19 hours ago
- Scottish Sun
SNP health chief Neil Gray told to ‘grow a backbone' after dodging trans changing rooms row at NHS meeting
Critics slammed Mr Gray for backing NHS bosses amid claims they are pursuing a witch hunt against Ms Peggie CASE SNUBBED SNP health chief Neil Gray told to 'grow a backbone' after dodging trans changing rooms row at NHS meeting Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) NEIL Gray was last night told to 'grow a backbone' after dodging the trans changing rooms row at a summit with NHS chiefs. Nats' Health Secretary is said to have only chatted to bosses about dental care three days after Sandie Peggie was cleared of misgendering a male-born medic Dr Beth Upton. Sign up for the Politics newsletter Sign up 5 Neil Gray was told to 'grow a backbone' after dodging the trans changing rooms row Credit: Andrew Barr 5 Critics slammed Mr Gray for backing NHS bosses amid claims they are pursuing a witch hunt against Sandie Peggie Credit: Getty 5 Ms Peggie was cleared of misgendering a male-born medic Dr Beth Upton Credit: Alamy NHS Fife issued a 1,700-word statement the day after the meeting alleging the nurse's lawyers used the media to discredit them in a furore over the use of female-only spaces at Victoria Hospital in Kirkcaldy. Last night, the Scottish Government insisted ministers were not consulted on the statement — and that board chiefs had not sought permission to release it. Asked if Mr Gray discussed the case at the July 17 meeting in Glenrothes — also attended by local MSP and Education Secretary Jenny Gilruth — a spokesman replied: 'No. Discussion at the meeting focused on NHS dental care in Fife.' Critics slammed Mr Gray for backing NHS bosses amid claims they are pursuing a witch hunt against Ms Peggie. She alleges victimisation at a tribunal which has so far cost taxpayers £220,000. Tories' equalities spokeswoman Tess White said: 'It beggars belief that Neil Gray didn't use this meeting to confront NHS Fife chiefs over their shocking handling of this case. 'He should have had the guts to demand they apologise to Sandie for the disgraceful way she's been treated. Instead, hours later, the health board churned out a shocking statement. It's time Neil Gray grew a backbone and demanded resignations.' A Scottish Government spokesperson said: 'The Health Secretary met with NHS Fife to discuss dental care in the area.' We told how NHS Fife chiefs said they had called cops to probe trolls threatening staff with 'sexual violence' over the case. It said: 'Online debate has evolved into much more worrying behaviour.' Trans women are NOT women, Supreme Court rules in win for anti-woke campaigners after battle over female-only spaces But their statement was condemned by Information Commissioner David Hamilton. Scots Tory chief Russell Findlay has called for NHS Fife chief Carol Potter and the board to step down. 5 Tories' equalities spokeswoman Tess White Credit: Alamy
STV News
20 hours ago
- STV News
'We trusted them with our boy - we'll never forget how he suffered'
The mother of a boy left with lifelong injuries after a series of morphine underdoses at Scotland's largest children's hospital warns there will be another incident unless urgent changes are made. Ellie McAdam's son Theo was one of seven children given a tenth of the pain relief they should have had after undergoing the surgery at the Royal Hospital for Children in Glasgow last summer. The underdoses affected seven operations over six days within a single theatre between June 13 and 24 last year but were not discovered until nearly a month later, on July 6. A review by NHS Greater Glasgow and Clyde (NHSGCC) following the incidents found that overworked and fatigued staff at the Royal Hospital for Children in Glasgow missed vital checks. But Theo's mother, Ellie McAdam, from Peterhead, fears another child could be harmed unless action follows. 'I have no doubt that there will be a next one. I have no doubt it will – unless serious changes are made. 'Every birthday for Theo is so much more than a birthday because we're just glad he's still here.' STV News Theo was four weeks old when he needed the first of two open-heart surgeries. After undergoing his second open heart surgery, a critical mistake meant he received just a tenth of the morphine he needed – 1.5mg instead of 20mg. Ellie said her son ripped all his lines out in pain and collapsed his own lung. 'That's not repairing itself at all. We don't know the impact it'll have – it's seeing how it affects him long-term. 'He was genuinely traumatised. He was a completely different boy. 'Because he was so little, he got over it – which is amazing, but we'll never forget it. I can speak on behalf of many other families; they won't either. 'It's had a lasting impact. We're still dealing with the aftermath. It has caused a lot of pain and suffering.' An investigation has now been undertaken, which revealed a catalogue of failures. STV News The review found that 10mg of morphine had been ordered by theatre staff, but that the strength delivered was only 1mg. Staff assumed the order was correct, and the wrong amount was then used. A new stock system was also blamed, with the review citing the font size and colour made it difficult to read the amount of milligrams. A review found the seven children, including Charlotte, were administered 1mg/ml of morphine – when they should've received 10mg/ml. The report also found that the underdose went unnoticed for nearly a month due to staff going on 'assumption' rather than doing two-person checks as the procedure requires. It concluded that human and systematic factors played a significant role. The Significant Adverse Event Review (SAER) by NHSGGC also found that staff were overworked and overtired during shifts. The review recommendations included additional staff training and an improved stock management system to ensure 'any incident of this nature is prevented from happening again'. NHS Greater Glasgow and Clyde have again apologised to the families impacted and say they've begun the process of implementing the recommendations. STV News But Theo's mother, Ellie, said the review does little to address the reality of what happened. 'The review felt like a half-hearted acknowledgement of them not following their own policies. It doesn't really take any accountability for what happened. It diminishes the lived experience of the families who went through it. 'It seems almost dismissive of the human error. They called it 'local rationale' for the staff making these assumptions – you can fluff it up with a name all you want, but it's complacency. 'The tone is 'these things happen', but that's not good enough. These people are handing their babies, their whole world, to you. 'The review found that staff were tired and overworked – then hire more staff, stop paying your big bosses £200,000 and put more boots on the ground. 'If it's leading to these kinds of things, you need to do better. Take a look at yourselves and think, 'this isn't working, we need to change it.'' Ellie McAdam She added: 'I'm not on a witch hunt for someone's job, but several people didn't do theirs. You've not done the checks you're meant to do. I'd be held accountable if I didn't do my job, so what's going to change?' It's now been more than a year since Theo's surgery, and he is continuing to recover. But its been very hard on Ellie. She believed her son was in the safest place – and and says she still feels the lasting emotional impact of the ordeal. 'There's anxiety knowing they've done this, and even though they're saying 'maybe it's our fault,' what can you do? 'To then have to put him back in that situation, you think 'are they going to do their checks, all the points that need to be done to ensure he's safe?' I don't know. But we have no choice either way. 'I know what's happened and that we are going back. I can't imagine how we will cope when that time does come.' NHSGCC apologised and said families have been invited to meet with members of the review team to discuss their concerns. 'We know the care these patients received fell below the standard expected, and we are sorry,' a spokesperson for the health board said. 'Both human and systems factors played a role in this incident, and we are committed to ensuring that lessons are learned from this extensive review, which was carried out with the involvement of pharmacy, nursing, and medical staff, as well as an individual panel member providing expert opinion.' The health board said it began implementing the report's five recommendations as soon as the error was identified. 'It includes recommendations around staff training, the physical environment and stock management system, which are designed to ensure any incident of this nature is prevented from happening again,' the board said. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
