Dispute between Sandie Peggie and transgender doctor posed ‘no risk to patients'
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 NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation.
Ms Peggie has lodged a claim against NHS Fife and Dr Upton (Andrew Milligan/PA)
The tribunal resumed in Dundee on July 16 after an initial set of hearings in February.
On Monday at the tribunal, service manager Lottie Myles said she perceived the dispute which led to Ms Peggie being suspended as a 'she said/she said' situation, and there was 'nobody who could provide evidence'.
Ms Myles said she was tasked with conducting a suspension review on February 27 2024, and was told by the nurse's manager, Esther Davidson, that Ms Peggie was 'anti-trans', and 'had transphobic views because of an incident that occurred in the changing room'.
She said that Ms Davidson alleged Ms Peggie had 'some gender critical beliefs, and some other beliefs which she has which may not be everybody's belief', an hour before a suspension review meeting, but Ms Myles said she was not given any documentation to examine prior to the review.
During the tribunal, counsel for NHS Fife, Jane Russell KC, asked about these 'other beliefs'.
Ms Myles said: 'There was views that Sandie was homophobic and there were elements of racism in her beliefs. It's hearsay. I try to disregard views which haven't been documented or there's little evidence of.'
She noted that Ms Peggie referred to Dr Upton using 'male terminology', but said that she believed Ms Peggie's feelings about Dr Upton were 'circumstantial', and later challenged why allegations she branded 'hearsay' had not been documented or escalated, the tribunal heard.
Ms Russell said: 'Arising out of this meeting, what was your opinion about how Sandie Peggie really felt about Dr Upton?'
The witness said: 'I think Sandie probably wasn't too happy with Dr Upton but I think that was more from the incident which had happened. In summary notes, I had asked if she was to treat a patient who was transgender, would she treat them differently?
'I was reassured she said she wouldn't treat anyone trans differently; I felt that it was circumstantial.'
The dispute centred on Dr Beth Upton's use of female changing facilities (Andrew Milligan/PA)
Ms Russell asked for the witness's views on how Ms Peggie 'might deal with transgender patients' after a suspension review meeting on March 7 2024.
Ms Myles said: 'I felt reassured she wouldn't treat them differently. Sandie has been a nurse for 30 years, I'm sure in that time she has dealt with transgender patients. I felt there were no safety concerns.'
She said she referred to the Nursing and Midwifery Council code, including on freedom of expression, and the Equality Act 2010 which she described as a 'grey area in a lot of workplaces', and said there were 'several reasons' why she lifted the suspension, the tribunal heard.
Ms Myles said: 'I wanted to be sure I wouldn't be treating either party in breach of the Equality Act. I wanted to have Dr Upton and Sandie Peggie treated fairly and equally.'
She said that a meeting between herself, Ms Peggie and Royal College of Nursing rep Stuart Fraser was 'very difficult' and 'emotional' for Ms Peggie, who was determined to return to the Emergency Department rather than be moved to another department managed by Ms Myles, the tribunal heard.
Ms Myles said: 'I wanted both parties to be treated fairly and equally. The situation was 'she said/ she said', we were limited on witnesses and things being documented.'
The witness said that a return to work would be 'beneficial' for Ms Peggie, and that she wanted to 'make it as seamless as possible', after discussions about moving departments and moving onto dayshifts were both rejected, the tribunal heard.
Giving evidence, Ms Myles said she was aware of reports of 'negative interactions', which she branded 'hearsay'.
Ms Myles said: 'I actually challenged that by saying: 'Why wasn't this documented? Why wasn't it escalated?' Nobody could confirm, but I felt that was hearsay. I felt that to try to prevent any other allegations from happening having a senior team member on duty would be supportive for her.'
She said it was agreed to put the pair on 'opposite shifts' and for Ms Peggie to be supervised during a phased return, describing it as a 'compromise', the tribunal heard.
Ms Myles said that her involvement ceased around April 19 at the request of head of nursing Gillian Malone, and she had no role in the investigation.
The tribunal continues.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald Scotland
3 hours ago
- 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.
Daily Record
6 hours ago
- Daily Record
Anas Sarwar says racist posts in Sandie Peggie tribunal case are 'horrific'
The Scottish Labour addressed the row during a tip to President Trump's golf course in Aberdeenshire this week. Anas Sarwar has said racist posts shared by a nurse in a high profile tribunal were 'horrific'. The Scottish Labour leader also said remarks about bacon and a mosque allegedly said by Sandie Peggie were 'unacceptable'. The n urse was suspended by NHS Fife after she complained about having to share a changing room with trans medic Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve in 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about 'patient care'. 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 and indirect discrimination. The tribunal has heard claims Peggie told colleagues she wanted to post bacon through the letterbox of a local mosque. Another colleague alleged Peggie shared racist jokes in a WhatsApp chat about the flooding that killed thousands in Pakistan in 2022. In evidence this week, Peggie denied the bacon remark and said the 'distasteful' jokes about the floods were sent in "dark humour" to friends. During a trip to President Trump's golf course in Aberdeenshire on Tuesday, Sarwar said: 'If what's been reported is correct then it is unacceptable and it's horrific and we should call it out as such.' He added: 'But I think it's important to stress that whatever people have agreements or disagreements on, individual things said by any individual, the broader kind of conversation around making sure that our Scottish Government, our health boards, are complying with the Equality Act, is still important and isn't negated. But on those individual comments, of course, completely unacceptable.' Sarwar said that speaking out against Islamophobia, anti-semitism, misogyny and homophobia cannot just be left to the communities most impacted. He added: 'So those particular comments are horrific. As you would expect, I don't find them acceptable. And so we should call it out as such.'
The Herald Scotland
8 hours ago
- 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.
