
Peggie sues RCN over lack of support in NHS Fife trans row
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Ms Peggie was suspended after raising objections to her colleague, Dr Beth Upton, who is transgender, using female facilities.
In response, Dr Upton complained to hospital management, alleging patient care failings and misgendering by the A&E nurse.
Ms Peggie was placed on special leave on December 30 and formally suspended on January 4. Shortly afterwards, she contacted her RCN representative to seek advice.
Earlier this week, following an internal investigation, NHS Fife cleared Ms Peggie of the charges, saying there was 'insufficient evidence to support a finding of misconduct'.
The decision was announced by her lawyer just hours before the resumption of the employment tribunal in Dundee after a five-month break.
Ms Peggie claims her treatment by her employers was unlawful under the 2010 Equality Act and has brought a case against both the health board and Dr Upton.
It has since emerged that NHS Fife's defence of their actions has cost the public purse more than £220,000.
The Herald understands Ms Peggie, who worked in A&E at Kirkcaldy's Victoria Hospital, claims her union turned its back on her because it 'had adopted gender identity belief as its institutional belief, and was therefore unwilling or unable to recognise that she was or might be entitled to insist on the maintenance of the female changing room as a single-sex space'.
She also claims the union failed to acknowledge her belief that she was experiencing discrimination and harassment from NHS Fife and Dr Upton.
Ms Peggie's lawyer, Margaret Gribbon of McGrade Employment Solicitors in Glasgow, said last night: 'The RCN's failure to act like a trade union ought to, has contributed to Sandie Peggie's mistreatment.
"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 RCN's 2021 guide On the case: Advice, support and representation from the RCN states: 'It is your right to receive our support, guidance or representation regardless of your ethnic or national origins, religion or belief, sex or sexual orientation, gender reassignment, disability, marital status or civil partnership, age, pregnancy or any complaint you may have previously made about the RCN itself. If, after careful consideration, we find that we are unable to provide advice or representation, we will give you a clear and detailed explanation as to why we have taken this decision.'
Ms Peggie and her lawyer argue she has not been given any 'clear and detailed explanation' about the union's refusal to back her.
Were Ms Peggie to succeed in her case against the RCN, the trade union movement could face further claims from women alleging workplace mistreatment for defending single-sex spaces.
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In her case against the RCN, Ms Peggie is seeking compensation for unlawful discrimination. This would include damages for injury to feelings and recommendations to reduce the impact of the RCN's alleged discrimination.
When Ms Peggie learned of the union's refusal to support her, she approached her local MP at the time, Neale Hanvey. He advised her to contact feminist groups For Women Scotland and Sex Matters, who in turn referred her to employment lawyer Margaret Gribbon, who is now acting for her.
Last year, Ms Peggie launched a claim against NHS Fife, making various complaints against both the board and Dr Upton regarding the use of the women's changing room and her subsequent suspension.
The second part of the tribunal, currently sitting in Dundee, is expected to run for another week.
Ms Peggie has been on sick leave with stress since February and cites her treatment by NHS Fife as the sole reason.
An RCN spokesperson said: 'We have responded to the claim, and we deny all the allegations from Ms Peggie."
This is not the first time the RCN—the world's largest nursing union—has faced controversy over issues of sex and gender.
In 2021, policy analyst Lisa Mackenzie published a blog titled The Policing of Feminist Thought in the Workplace, detailing her treatment by the RCN when she worked as a policy officer there in 2017. She described being forced out 'because of my belief that women are disadvantaged and discriminated against on the basis of sex'.
'These views had provoked a breach of contract investigation and an intrusive attempt to police my private activities," she said. "This is ironic given that my then employer was a trade union whose aim is to represent the interests of its predominantly female membership.'

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Scotsman
2 hours ago
- Scotsman
Emails discussing Sandie Peggie probe should not have been written, doctor tells tribunal
Consultant denies 'deliberately concealing' email sent by colleague that included six potential witnesses and transgender doctor 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... Emails between witnesses discussing an investigation into a gender critical nurse who was suspended following a dispute with a transgender doctor "should not have been written", a consultant told a tribunal. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital , Kirkcaldy , Fife , on Christmas Eve 2023. Advertisement Hide Ad Advertisement Hide Ad She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about "patient care". Nurse Sandie Peggie complained about sharing a changing room with a transgender doctor | Lisa Ferguson 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. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle , a consultant in emergency medicine, gave evidence and denied "deliberately concealing" an email sent on January 5 2024 by fellow consultant Maggie Currer, with six potential witnesses plus Dr Upton included. Advertisement Hide Ad Advertisement Hide Ad A judicial order was made in January by the tribunal, however documentation emerged during the hearings in February and an IT trawl was commissioned which Dr Searle said all clinicians involved complied with. Barrister Naomi Cunningham , representing Ms Peggie, said: "I want to suggest you deliberately concealed it to conceal wrongdoing of colleagues." Dr Searle said: "It would be dishonest to do that and I'm a doctor who acts as honestly as I can at all times." 'Honesty and integrity' In her evidence, Dr Searle said that she had no concerns about Dr Upton's allegations as the General Medical Council requires "honesty and integrity". However, she said she was "never informed" that a referral to the Nursing and Midwifery Council had been made, the tribunal heard. Advertisement Hide Ad Advertisement Hide Ad She said that she emailed Dr Upton with others included later in January to give an "update" on the investigation. But during cross-examination, Dr Searle admitted "that we should not have written these things in a group email to witnesses". Ms Cunningham said the email on January 5 2024 was "seriously embarrassing to the respondents" and said it "appears to be an intention to set up and co-ordinate a group who should not be talking about this as they're witnesses". Dr Beth Upton | National World She added: "It says 'information must not be shared outside this group as risk of foot in mouth syndrome - it is quite a serious risk of foot in mouth syndrome'." Dr Searle said: "I can appreciate that in hindsight we should not have written these things in a group email to witnesses." Advertisement Hide Ad Advertisement Hide Ad Ms Cunningham quoted from Dr Upton's evidence, including that using female changing rooms was "a thing I have been instructed to be the most appropriate", and describing biological sex as a "nebulous dog whistle". Dr Searle denied telling the junior doctor to use female facilities, and said: "Definitely no instructions were given." She agreed that biological sex was "significant", but when the term "nebulous dog whistle" was put to her, she denied knowing what it meant. Ms Cunningham said: "I think it must follow that anyone who describes biological sex as a 'nebulous dog whistle' would be talking obvious nonsense." Dr Searle said: "I'm not sure what that means." Advertisement Hide Ad Advertisement Hide Ad The witness said she emailed Equalities lead Isla Bumba on December 8 2023 as Dr Upton felt "uncomfortable" about Ms Peggie "self-excluding" from the female changing room, but said she "didn't recall" raising the possibility of taking it further, as mentioned in an internal investigation. She said she Googled policies around self-identification, and added: "I'm not a law expert - if you Google it, it comes up under Equality Act, there are many references to toilets and changing rooms. I subsequently emailed Isla Bumba who is much more expert in Equalities than me. She agreed there is no policy." The consultant denied that she perceived self-exclusion as "misbehaviour". Dr Searle said: "We would have discussed it if Dr Upton was very uncomfortable and it was affecting them". Advertisement Hide Ad Advertisement Hide Ad 'Compassion and kindness' She said a discussion would have involved "compassion and kindness", but added: "It doesn't sound otherwise like there's anything to take further." Ms Cunningham said: "At the time you discussed it with Dr Upton you considered this to be misbehaviour, she (Ms Peggie) was behaving badly and making him feel uncomfortable." However, Dr Searle said: "Beth felt uncomfortable that Sandie appeared to not want to engage." Ms Cunningham said: "My question was: both you and he regarded Sandie's conduct in removing herself a form of misbehaviour?" Advertisement Hide Ad Advertisement Hide Ad Dr Searle said: "I don't agree we would have classed it as misbehaviour." Ms Cunningham said: "I think you've already confirmed that email to Isla Bumba on December 8 was prompted by a conversation about Sandie removing herself from the changing room when he was there, that's right? "You ask if there's any policies around transgender staff and suggest Dr Upton might be keen to help develop some; is it fair for the tribunal to infer the possibility of developing policies to make it easier for Dr Upton to take matters further?" Advertisement Hide Ad Advertisement Hide Ad Dr Searle said: "No, I don't agree. I think there needs to be an NHS Fife policy on how everyone can feel comfortable in changing areas of their choosing." Asked by Ms Cunningham at one point whether she is female, Dr Searle said: 'Female is on my birth certificate.' Asked to elaborate on how she came to have 'female' on her birth certificate, Dr Searle replied: 'It is usually a medical decision made at birth by the biological characteristics visually seen when delivering the baby. 'I am not an expert in it.'


Scotsman
3 hours ago
- Scotsman
Here's where the blame for NHS Fife-Sandie Peggie case really lies
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... A million pounds is enough to train four doctors, hire 30 newly qualified nurses or buy an MRI scanner. That's how much the case of Sandie Peggie versus NHS Fife will eventually cost, not including any potential compensation, according to some estimates. NHS Fife has already spent £250,000 on legal fees alone. Ms Peggie took her employer to a tribunal after she was suspended for objecting to sharing a women's changing room with transgender doctor Beth Upton. But the truth is that Ms Peggie should never have been put in a position where she was forced to take NHS Fife to a tribunal in the first place. Advertisement Hide Ad Advertisement Hide Ad Imagine how much distress could have been avoided if the health board could have simply pointed to clear guidance setting out the Equality Act's exceptions for single-sex spaces, and offered practical alternatives that gave dignity to both. Supporters of nurse Sandie Peggie protest outside the employment tribunal hearings in Dundee (Picture: Lisa Ferguson) | National World Nurse cleared of wrongdoing Instead, the SNP government created a culture of uncertainty and ambiguity and issued guidance that was ahead of the law – leaving the health board to flounder in its response. Earlier this year, the Supreme Court ruling made clear the Equality Act's provisions must be respected. And last week, just before the tribunal resumed, NHS Fife formally cleared Ms Peggie of any wrongdoing. Advertisement Hide Ad Advertisement Hide Ad Both of these were opportunities to settle the case. So why is NHS Fife persisting with an expensive, time-consuming tribunal rather than sparing themselves further embarrassment? Why, when it released a statement, did it focus so much on defending its attempts to restrict public access to the tribunal, rather than admitting its mistakes? And why, when ambulance crews were forced to run makeshift wards outside Kirkcaldy's A&E department, is NHS Fife's leadership not prioritising reducing waiting times and ensuring patients get the treatment they need? Advertisement Hide Ad Advertisement Hide Ad Dignity and privacy It is the SNP government that is ultimately responsible for our NHS – and it has the resources to match. The SNP government's Health Workforce Directorate has oversight of NHS boards and its central legal unit is there to ensure they pick their legal battles wisely. The Scottish Government will know what's going on, so too will the First Minister and Health Secretary. Full and frank discussions will have taken place about NHS Fife. So why are they letting this continue? The irony of this case is that it centres on dignity and privacy. While this tribunal drags on, there are patients stuck in A&E or waiting longer than they should for treatment. Every day, NHS staff arrive for long, intense shifts in under-resourced, under-staffed wards. Advertisement Hide Ad Advertisement Hide Ad NHS Fife's decision to prolong this case does not benefit any of them, nor its reputation. Indeed, the whole sorry saga has become a symbol of an SNP government that fails to challenge NHS bosses over their performance, yet is happy to spend taxpayer's cash on defending this charade at tribunal. The SNP government must tell NHS Fife to conclude this mess. As a matter of urgency, ministers need to provide clear guidance to all health boards so they can make their staff feel protected and respected within the boundaries of the law. It's time for NHS Fife to get back to the day job of treating patients. And it's time for John Swinney to show some leadership and settle this case.


Daily Record
3 hours ago
- Daily Record
Sandie Peggie tribunal hears emails discussing nurse probe should not have been written
Dr Kate Searle said: "We should not have written these things in a group email to witnesses". Emails between witnesses discussing an investigation into a gender critical nurse who was suspended following a dispute with a transgender doctor "should not have been written", a consultant told a tribunal. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on C hristmas 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. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle, a consultant in emergency medicine, gave evidence. She denied "deliberately concealing" an email sent on January 5 2024 by fellow consultant Maggie Currer, with six potential witnesses plus Dr Upton included. Barrister Naomi Cunningham, representing Ms Peggie, said: "I want to suggest you deliberately concealed it to conceal wrongdoing of colleagues." Dr Searle said: "It would be dishonest to do that and I'm a doctor who acts as honestly as I can at all times." In her evidence, Dr Searle said that she had no concerns about Dr Upton's allegations as the General Medical Council requires "honesty and integrity". Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. However, she said she was "never informed" that a referral to the Nursing and Midwifery Council had been made, the tribunal heard. She said that she emailed Dr Upton with others included later in January to give an "update" on the investigation. But during cross-examination, Dr Searle admitted "that we should not have written these things in a group email to witnesses". Ms Cunningham said the email on January 5 2024 was "seriously embarrassing to the respondents". And she said it "appears to be an intention to set up and co-ordinate a group who should not be talking about this as they're witnesses". She added: "It says ' information must not be shared outside this group as risk of foot in mouth syndrome - it is quite a serious risk of foot in mouth syndrome'." Dr Searle said: "I can appreciate that in hindsight we should not have written these things in a group email to witnesses." Ms Cunningham quoted from Dr Upton's evidence. This included that using female changing rooms was "a thing I have been instructed to be the most appropriate", and describing biological sex as a "nebulous dog whistle". Dr Searle denied telling the junior doctor to use female facilities, and said: "Definitely no instructions were given." She agreed that biological sex was "significant", but when the term "nebulous dog whistle" was put to her, she denied knowing what it meant. Ms Cunningham said: "I think it must follow that anyone who describes biological sex as a 'nebulous dog whistle' would be talking obvious nonsense." Dr Searle said: "I'm not sure what that means." The witness said she emailed Equalities lead Isla Bumba on December 8 2023 as Dr Upton felt "uncomfortable" about Ms Peggie "self-excluding" from the female changing room. But she said she "didn't recall" raising the possibility of taking it further, as mentioned in an internal investigation. She said she Googled policies around self-identification, and added: "I'm not a law expert - if you Google it, it comes up under Equality Act. "There are many references to toilets and changing rooms. I subsequently emailed Isla Bumba who is much more expert in Equalities than me. She agreed there is no policy." The consultant denied that she perceived self-exclusion as "misbehaviour". Dr Searle said: "We would have discussed it if Dr Upton was very uncomfortable and it was affecting them". She said a discussion would have involved " compassion and kindness", but added: "It doesn't sound otherwise like there's anything to take further." Ms Cunningham said: "At the time you discussed it with Dr Upton you considered this to be misbehaviour, she (Ms Peggie) was behaving badly and making him feel uncomfortable." However, Dr Searle said: "Beth felt uncomfortable that Sandie appeared to not want to engage." Ms Cunningham said: "My question was: both you and he regarded Sandie's conduct in removing herself a form of misbehaviour?" Dr Searle said: "I don't agree we would have classed it as misbehaviour." Ms Cunningham said: "I think you've already confirmed that email to Isla Bumba on December 8 was prompted by a conversation about Sandie removing herself from the changing room when he was there, that's right? "You ask if there's any policies around transgender staff and suggest Dr Upton might be keen to help develop some; is it fair for the tribunal to infer the possibility of developing policies to make it easier for Dr Upton to take matters further?" Dr Searle said: "No, I don't agree. I think there needs to be an NHS Fife policy on how everyone can feel comfortable in changing areas of their choosing." The tribunal continues.