Swinney ‘supports' NHS Fife after trans medic row nurse cleared of misconduct
As tribunal proceedings resumed on Wednesday, it emerged Ms Peggie has been cleared of gross misconduct allegations following a separate disciplinary hearing by the health board.
Scottish Conservative equalities spokeswoman Tess White said: 'This decision confirms what we've known all along – Sandie Peggie did nothing wrong.
'NHS Fife's credibility lies in tatters and senior bosses owe Sandie an immediate and unreserved apology.'
First Minister John Swinney however insisted: 'NHS Fife has my confidence and support.
'They've got important work to do to deliver for the healthcare needs people of Fife, and that's what I expect them to.'
He said the disciplinary process had 'examined issues about the alleged conduct of Sandie Peggie' and had now 'reached its conclusion'.
The First Minister added: 'It is important that these processes are fair to all parties and that is what has been taken forward here and it has reached its conclusion.
'There is obviously an employment tribunal that has been brought by Sandie Peggie that is currently under way.
'It's not appropriate for me to comment on the live proceedings that are under way in that process.'
Scottish Conservative deputy leader Rachael Hamilton said: 'It's frankly astonishing that John Swinney is still backing this discredited health board to the hilt.
'They've dragged a dedicated nurse through a traumatic disciplinary hearing and tried to cover up the hundreds of thousands they have already squandered on this tribunal.
'SNP ministers have ignored countless warnings that NHS Fife was failing to comply with their legal obligations.
'It raises a serious question, what exactly would this health board have to do to lose the First Minister's confidence?
'Instead of defending the indefensible, John Swinney should finally stand on the side of women and girls and ensure that NHS Fife and other public bodies are following the law by always providing single-sex spaces.'
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Scotsman
3 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
5 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
5 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.
