Who are the key figures in the Sandie Peggie NHS tribunal

The Herald Scotland

15-07-2025

Sandie Peggie, the claimant, is an A&E nurse at Victoria Hospital in Kirkcaldy with 30 years' experience at NHS Fife.
She holds gender-critical beliefs, asserting that biological sex is immutable.
Her legal action stems from being suspended and disciplined after objecting to sharing the hospital's female changing room with Dr Beth Upton, a trans woman.
On Christmas Eve 2023, the nurse experienced a sudden heavy period and was worried she had bled through her scrubs.
When she went to the changing room and found Dr Upton there, she stated that, in her view, the medic was a man and should not be there.
The specific words exchanged between the two are disputed.
Ms Peggie stated she told Dr. Upton "how she felt uncomfortable and embarrassed".
She also said "I think it was appropriate to call Beth a man. In the situation I was in, he would never be able to understand".
Ms Peggie's complaints against NHS Fife and Dr Upton include sexual harassment, belief discrimination, indirect discrimination, victimisation, and whistleblowing detriment.
She was placed on special leave on December 30, 2023, and formally suspended on January 4, 2024, following a complaint from Dr Upton.
Although her suspension was later lifted, new restrictions were placed on her shift patterns.
Supporting Ms Peggie's case, her husband, Darren Peggie, her daughter, and her mother, Sheila Bell, have provided evidence detailing her distress following the incidents.
Sandie Peggie and supporters (Image: Andrew Milligan)
The Respondents
The first respondent is NHS Fife, the health board that employs both Ms Peggie and Dr Upton.
They deny Ms Peggie's claims of harassment and reject that her statements constituted a protected disclosure.
The case has resulted in legal costs for NHS Fife exceeding £220,000 — mostly covered by a national indemnity scheme, with the board's direct liability limited to £25,000.
Their initial refusal to disclose these costs under Freedom of Information legislation led to a ruling against them by the Scottish Information Commissioner.
The second respondent is Dr Beth Upton, a medic in the A&E department at Victoria Hospital, who identifies as a woman.
Dr Upton began gender transition in January 2022 and said their manager understood that identifying as a woman entitled them to use the female changing rooms.
Dr Upton submitted the formal complaint against Ms Peggie, describing an incident in the changing room on December 24, 2023, as a 'hate incident' and alleging bullying and a hostile environment.
They testified that the confrontation left them 'distressed' and 'afraid'. During the investigation into the complaint they also made "potentially career ending allegations" against Ms Peggie, raising "clear fitness to practice questions".
Specifically, they claimed the nurse "walked out of a resuscitation unit when Dr Upton entered, leaving a patient unseen".
Dr Upton's line manager, Dr Kate Searle, also mentioned Dr Upton having notes about "the incident where the other person appeared to leave the room and stopped doing resus because Beth entered".
Another allegation was the "missing patient incident" on December 18, 2023, where a patient was triaged and left the hospital without being seen, and Dr Upton noted Ms Peggie "not acknowledging my presence".
Despite the alleged seriousness, these patient safety concerns were not reported immediately by Dr Upton.
Ms Peggie denies all wrongdoing, describing the patient safety allegations as "fabricated" and "not true". She asserted that she had "never had any concerns" about patient care in her 30 years of experience.
During cross-examination, she suggested Dr Upton was "making them up".
Dr Beth Upton and supporters (Image: NQ)
Legal Representation
Ms Peggie is represented by solicitor Margaret Gribbon of McGrade & Co and barrister Naomi Cunningham, who is also chair of the Sex Matters organisation.
NHS Fife and Dr Upton are jointly represented by Jane Russell KC.
Other Individuals
Dr Kate Searle, Emergency Medicine Consultant and Dr Upton's line manager, was informed of the intention to use the female changing rooms and received the formal complaint on Christmas Day 2023.
An attempt by Ms Peggie's legal team to add Dr Searle as a third respondent was refused.
Esther Davidson, Ms Peggie's line manager and a Senior Charge Nurse, was initially assigned to investigate the incidents but later became a witness.She stated that NHS Fife's equality and diversity department had advised that Dr Upton had the 'right' to use the female changing room.
Ms Davidson made the initial decision to suspend Ms Peggie, citing allegations of harassment, bullying, and concerns for patient safety.
Angela Glancy, another Clinical Nurse Manager, was also involved in the internal investigation.
Isla Bumba, NHS Fife's Equalities and Human Rights Lead Officer, also advised that Dr Upton had a 'right' to use the female changing rooms because the medic 'identifies as a woman'.
This guidance informed the board's inclusivity policies, which allow staff to use facilities that align with their 'gender identity'.
Ms Bumba had previously encountered Dr Upton in the changing rooms on two occasions before the Christmas Eve incident that triggered the tribunal.
Melanie Jorgensen, an HR officer at NHS Fife, expressed scepticism about the patient safety allegations, citing a lack of evidence and describing the suspension as 'ludicrous'.
Neil Gray, the Cabinet Secretary for Health, was warned in June last year that NHS Fife may have acted illegally. The SNP minister was told the health board was failing 'to comply with its legal obligations to provide suitable workplace single-sex toilets and changing facilities for its staff.'
When asked about the tribunal in February, he said the Scottish Government would "look with interest" at the outcome and 'take on board the recommendations as they come forward.'
Neil Gray has said he has confidence in NHS Fife (Image: Jane Barlow/PA)
External Organisations
Sex Matters, a human rights charity, is supporting Ms Peggie and advocates for clarity on sex in law and policy.
Its chief executive, Maya Forstater — whose own case established gender-critical beliefs as a protected characteristic — submitted a witness statement stressing the importance of biological sex and single-sex spaces for women's safety and privacy.