
Hospital was advised trans doctor could use female facilities, tribunal told
Ms Peggie was suspended after she complained about having to share a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy, Fife – where they both worked – on Christmas Eve 2023.
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 Fife health board and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination and victimisation.
At the tribunal on Thursday, Ms Malone said it was her responsibility to 'speak up' on issues around female nurses sharing a changing room with a transgender doctor, and said the 'department took guidance' when refusing to meet a request made by Ms Peggie's solicitor.
Service manager Lottie Myles sent an email to Ms Malone on March 7, 2024 following a meeting with Ms Peggie where she asked why Dr Upton could not be moved or asked to change elsewhere.
Despite Ms Peggie asking through her solicitor that when she returned to work she 'could be assured of a single-sex space to change in', the board did not act, the tribunal heard.
Ms Malone said: 'The department took guidance from the equality and human rights lead, and that wouldn't be what we would do.
'We took guidance that Beth could continue using the female changing facility.'
Cross-examining, barrister Naomi Cunningham said: 'The result of refusing to give her that guarantee of no men in female changing room would be that Sandie couldn't return to work safe in the knowledge that when she got dressed in the women's changing room, there would be no men there.'
Ms Malone said: 'We took advice and the guidance at the time was that Beth could use the female changing facility.'
The tribunal heard that on March 8, Ms Malone sent an email to HR worker Melanie Jorgensen and others that a 'further risk assessment is supported for returning SP to the workplace'.
Ms Cunningham said: 'It had already been established at end of December that there was no shift overlap between the claimant and Dr Upton in January so there was no need to keep them apart. That had already been established by January 3 when the suspension was put in place.'
Ms Malone said: 'I can't recall.'
Sandie Peggie and Dr Beth Upton worked at Victoria Hospital in Kirkcaldy, Fife, at the time (Jane Barlow/PA)
Ms Cunningham said: 'What seems to have happened is that the risk assessment has been done after a decision to continue suspension.'
She said confidentiality had been 'hopelessly lost' on December 29, 2023 when Dr Kate Searle sent an email to all consultants in the emergency department with Dr Upton's version of events, and again on January 12, 2024 when Dr Searle emailed about the incident – including Ms Peggie, Dr Upton and potential witnesses.
Ms Malone said: 'I don't think she [Kate Searle] should have done that.'
However on July 3, after press reports, Ms Peggie was given a reminder about confidentiality – which Ms Cunningham said was to 'silence her', and referred to emails exchanged on March 7 between Ms Malone and Ms Myles, which referred to 'misgendering' and the 'risk' of Ms Peggie 'using he/him which may cause unrest in the wider NHS team', the tribunal heard.
Ms Cunningham said: 'That tends to underline that the damage limitation is about preventing unrest in the workplace due to Sandie Peggie's use of correct sex pronouns for Dr Upton.'
She said 'prohibiting the subject matter' was primarily about 'preventing her ability to organise with others who shared her concerns', and to 'prevent her expressing gender-critical belief'.
Ms Malone said: 'I don't agree.'
During re-examination by counsel for NHS Fife Jane Russell KC, Ms Malone was asked if she believed commenting on chromosomes was 'gender-critical belief'.
She said: 'No I do not. I think it's an unwanted comment.'
Ms Russell asked if based on her knowledge of the allegations on Christmas Eve, she believed Dr Upton had sexually harassed Ms Peggie.
The witness said: 'No I don't believe Dr Upton sexually harassed Ms Peggie. I believe it was unacceptable behaviours, unprofessional behaviours which warranted investigation.'
The tribunal continues.

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South Wales Argus
20 minutes ago
- South Wales Argus
Medics objecting to Sandie Peggie's return warned of culpability, tribunal told
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. 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 Monday, service manager Charlotte Myles, who made a decision to lift the suspension on March 7, told the tribunal that two senior consultants and two senior nurses 'weren't happy' at her decision to allow Ms Peggie to return to work. Ms Myles said that Dr Kate Searle and Dr Maggie Currer both objected to her decision, while senior nurse managers Esther Davidson and Louise Curran 'similarly expressed' objections, but were not able to give an 'accurate response' regarding alleged patient safety concerns. She said she told Ms Peggie verbally on March 7 and in writing on March 12 that the suspension would be lifted. However, it was later reinstated due to issues with looking after the nurse's dog, and she returned to work around April 12 2024. Ms Myles said that 'usually we don't like to suspend' and she believed there were no patient safety issues, the tribunal heard. However she said that she 'wasn't impressed' by allegations made by senior medics and warned them to comply with correct protocols and policies. Ms Myles said: 'When I explained to staff members they weren't particularly happy with my decision initially.' She said she visited Dr Searle's office to co-ordinate a rota and was met with further objections, but warned the consultant she was 'culpable' if allegations were not reported correctly, the tribunal heard. Ms Myles said: 'Kate Searle expressed unhappiness that we were taking Ms Peggie back into the workplace and made a comment saying there had been patient safety issues, there had been other behaviours towards a doctor. I asked if this had been investigated and reported appropriately, and she said no. 'I said that if these events had happened and they had not been reported, you were culpable.' She added: 'They weren't happy but it was my sole responsibility to review the suspension. My primary concern is to make sure patients are getting seen.' The witness said she did not know 'what the indicators were… to be suspended in the first place' and felt there 'was no risk', the tribunal heard. Ms Myles said: 'I wasn't impressed; if someone wants to raise patient safety concern it should go through correct process and be escalated at the time the incident happened. My stance was: 'If you have not followed correct protocol and policy you are culpable'.' She said that Ms Davidson alleged that a doctor had been subject to a racist slur by Ms Peggie, and branded allegations by Ms Curran that the nurse shared Donald Trump's views on gender 'tittle-tattle', the tribunal heard. Ms Myles said: 'It was very similar, tittle-tattle of being a supporter of Donald Trump and sharing his views on gender. That's somebody's personal view and as long as it doesn't impact on workforce or patients or cause harm, people are entitled to have their private views.' She said she perceived Dr Upton to be 'a female colleague', but said: 'I do believe we should make alterations to support everybody, but how we do it is completely out of my remit.' During re-examination by Jane Russell KC, representing NHS Fife and Dr Upton, the witness was asked about the alleged comments. Ms Myles said: 'I was told Sandie Peggie had called a member of the medical team a P**i but that was not reported formally; when I asked Esther which member of the team it was directed at, it took a while to get a response. I believe the person who was supposed to have had the comment directed at them doesn't recall the comment being directed at them.' Judge Alexander Kemp asked if she had seen a previous risk assessment for suspending Ms Peggie, and the witness said she had not, despite asking for previous documentation prior to March 7. The tribunal continues.


Sky News
41 minutes ago
- Sky News
Dispute between nurse Sandie Peggie and transgender doctor Beth Upton posed 'no risk to patients'
A dispute between a gender critical nurse and a transgender doctor was treated as a claim and counter-claim disagreement by a manager tasked with a suspension review who found there was no risk to patients, a tribunal has heard. Nurse Sandie Peggie was suspended after she objected to having to share a changing room with Dr Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. Ms Peggie was placed on special leave and then suspended after the doctor 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. Service manager Lottie Myles told the tribunal on Monday 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 27 February 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 Ms Davidson alleged Ms Peggie had "some gender critical beliefs" alongside others that "may not be everybody's belief", an hour before a suspension review meeting. However, Ms Myles said she was not given any documentation to examine prior to the review. Jane Russell KC, counsel for NHS Fife, 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 Ms Peggie referred to Dr Upton using "male terminology", but said 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. Ms Myles 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." Ms Russell asked for Ms Myles's views on how Ms Peggie "might deal with transgender patients" after a suspension review meeting on 7 March 2024. Ms Myles replied: "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 (NMC) 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. 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 a meeting between herself, Ms Peggie and Royal College of Nursing (RCN) representative 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. 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." Ms Myles said 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 on to dayshifts were both rejected. Ms Myles said she was aware of reports of "negative interactions", which she branded "hearsay". She 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." Ms Myles 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". Ms Myles said her involvement ceased around 19 April at the request of head of nursing Gillian Malone, and she had no role in the investigation.


The Herald Scotland
42 minutes ago
- The Herald Scotland
NHS Fife under pressure over Peggie tribunal statement
It was widely criticised and has since been edited a number of times, including twice on Sunday. READ MORE Monday's hearing was delayed as the two legal teams held private discussions with Employment Judge Sandy Kemp. Ms Peggie's lawyers would not discuss what was said, but 'confirmed that they have asked Fife Health Board to confirm the names of those individuals who signed off the statement they issued on Friday and still await a reply'. The initial statement referenced the CEO of Sex Matters, Maya Forstater, who has already given evidence, and the group's chair, barrister Naomi Cunningham KC, who is leading Ms Peggie's case. The next paragraph stated that while the case had attracted 'significant and very polarised debate' on social media, 'what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland'. During Friday's hearing, Ms Peggie's barrister, Charlotte Elves, told the tribunal: 'Paragraph four of the statement seems to conclude that [Sex Matters' involvement] has resulted in more worrying behaviour that has involved Police Scotland. 'It is a matter of some concern that a party to proceedings seems to link a witness in these proceedings with the conduct of members of the public, including threats of physical violence.' The statement was later amended to say that 'NHS Fife was not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above'. It was then edited again to remove mention of Ms Cunningham and Ms Forstater. By Monday, all reference to Sex Matters had been removed. The Peggie tribunal resumed last week after a five-month adjournment. Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, is suing the board and Dr Beth Upton after she was suspended for raising objections to the trans woman doctor's use of a female changing room on Christmas Eve 2023. The row comes as political pressure on the board increases. Scottish Labour politicians Melanie Ward and Claire Baker met Ms Peggie on Monday morning. Taking to X, Ms Ward, the MP for Cowdenbeath and [[Kirkcaldy]], said her constituents were 'losing faith' in the board. She said: 'This morning @clairebakermsp & I met with Sandie Peggie, who I have spoken in support of in Parliament. 'Sandie has 30 years' service as a nurse at the Victoria Hospital in Kirkcaldy and should never have had to take legal action to uphold her right to change in a single-sex space. 'This is the SNP's Scotland, where ideology trumps the law. 'Constituents are rapidly losing faith in the leadership of NHS Fife. 'Both their position and that of the [[SNP]] Scottish Health Secretary Neil Gray MSP is increasingly untenable.' This morning @clairebakermsp & I met with Sandie Peggie, who I have spoken in support of in Parliament. Sandie has 30 years' service as a nurse at the Victoria Hospital in Kirkcaldy & should never have had to take legal action to uphold her right to change in a single sex space. — Melanie Ward MP (@melanie_ward) July 21, 2025 Scottish Conservative MSP Murdo Fraser said if the Chief Executive and the board did not step down, the First Minister, John Swinney, should intervene. 'As an MSP representing Fife, I have been appalled by the treatment of my constituent, a nurse with 30 years of unblemished service, who was suspended by her employers because she complained about the presence of a biological male 'trans woman' in the women's changing room at her hospital,' he said. 'What we've seen over the past few weeks in the employment tribunal taken by Sandie Peggie is an appalling catalogue of failure on the part of NHS Fife and its mistreatment of their employee. 'I believe we are now at the point where the public have lost confidence in NHS Fife and its management. Its Chief Executive and the board must step down, and if they will not do so voluntarily, then John Swinney the First Minister needs to come out of hiding and sack them and restore public confidence in this failing institution.' READ MORE On Monday, the tribunal heard from Lottie Myles, a service manager at NHS Fife who was tasked with reviewing Ms Peggie's suspension. She said that despite complaints from Dr Upton about Ms Peggie's practice — including an accusation she walked out on seeing a patient — the incident had not been escalated or reported in the correct manner at the time. Lottie Myles said she didn't want to go on hearsay (Image: Iain Masterton) Ms Myles also said she had been told by other NHS Fife staff — including Dr Upton's line manager, Dr Kate Searle — that Ms Peggie had previously been involved in racist incidents in the workplace, including using a racial slur to describe a consultant. However, Ms Myles said these incidents had never been reported or documented. She added she was not willing to use 'hearsay' when deciding whether Ms Peggie should return to work. Ms Myles said: 'There were 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 added: '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.' 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.