NHS decision to suspend nurse in trans row ‘ludicrous', said HR

Telegraph

14-02-2025

The decision to suspend a nurse because of a conflict with a transgender doctor was 'ludicrous', an employment tribunal has heard.
Sandie Peggie, who has worked at the Victoria Hospital in Kirkcaldy for 30 years, was suspended after challenging Dr Beth Upton – a biological male who identifies as a woman – for using female changing rooms on Christmas Eve 2023.
She was suspended on Jan 3 2024 after Dr Upton made an allegation of bullying and harassment, a tribunal in Dundee heard.
It was alleged Ms Peggie refused to work alongside Dr Upton in the emergency department which raised concerns over patient safety.
Ms Peggie lodged a harassment complaint under section 26 of the Equality Act 2010, with regards to incidents of indirect harassment, victimisation and whistleblowing while the pair shared the changing room.
Esther Davidson, Ms Peggie's line manager, gave evidence on Friday and said the decision to suspend Ms Peggie was 'to protect both Sandie, Beth and the patients'.
Naomi Cunningham, Ms Peggie's barrister, read emails from NHS Fife's human resources department that questioned the validity of patient safety concerns citing a lack of evidence.
The tribunal heard allegations were based on 'perception' and a misunderstanding of the concerns being raised.
The tribunal previously heard that Ms Peggie left the changing room when Dr Upton was present on two other occasions prior to Christmas Eve.
On that day, they were both in the changing room and argued when Ms Peggie called the doctor a man and said she felt 'intimidated' by the doctor using the same facilities as her.
Dr Upton messaged Dr Kate Searle, a line manager, on Christmas Day saying, 'I don't feel safe using the changing rooms when she's there', and then contacted the British Medical Association about the incident.
Referring to concerns Ms Peggie's avoidance of Dr Upton would have on patient safety, Melanie Jorgensen, a member of the HR staff, said: 'I agree with advice where it feels risk can be managed. Do we have any evidence to support this concern?'
An email from another HR worker said: 'The nurse hasn't even been asked about it yet. In all the years in A&E the nurse has never had any concerns. It was ludicrous to have a nurse at home two night shifts a week.'
Ms Davidson told the tribunal that Ms Peggie's suspension allowed the board to investigate the allegations against her and support her return to work.
Addressing the changing room incident, Ms Cunningham said 'bad consequences' followed for Ms Peggie after challenging Dr Upton's use of a female changing room and highlighted previous comments made by Ms Davidson that Ms Peggie was the only person who had raised a complaint.
She added: 'It's obvious, isn't it, why no one else has come to you to complain about Beth being allowed to use the women's changing room?'
Ms Davidson said she 'did not think that was the case' and the health board's policy stipulated that Dr Upton could not be excluded from the female changing room because people should be treated according to their stated sex.
Ms Cunningham said: 'You're frightened because this commitment to the idea that gender should trump sex has a vice-like grip on the trust.'
Ms Cunningham added: 'The bully here is Beth Upton. The victim of the bullying is Sandie Peggie.
'That reversal of victim defender is what's happened here with the full institutional backing of the NHS board.'
The hearing has now been adjourned until July, and Ms Peggie's legal team intends to request a forensic examination of Dr Upton's phone, regarding notes, the tribunal heard.
It will resume again between July 16 and 30, and an application has been submitted to have Dr Searle added as a respondent.