Scots nurse Sandie Peggie at centre of trans doctor row cleared of gross misconduct claims
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A SCOTS nurse at the centre of a row over a transgender doctor using a female changing room has been cleared of gross misconduct claims.
Sandie Peggie was suspended after she complained about having to share a changing room with Dr Beth Upton at the NHS Fife hospital where they both worked.
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Peggie was suspended after she complained about having to share a changing room with Dr Beth Upton
Credit: PA
In a statement, Ms Peggie's solicitor, Margaret Gribbon, said: "On Tuesday, 14th July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld.
"This follows a disciplinary hearing on 25th June, which considered four gross misconduct allegations: two relating to patient care failures, one of 'misgendering' Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023.
"Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.'
She took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.
Employment tribunal hearings took place in Dundee in February and it was then adjourned until July.
Ms Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year.
The tribunal resumes after the UK Supreme Court ruled in April that the terms "woman" and "sex" in the 2010 Equality Act "refer to a biological woman and biological sex", a ruling which has been publicly welcomed by Ms Peggie.
The hearing starts again on Wednesday in Dundee and is expected to last 11 days.
Last week it emerged NHS Fife has spent more than £220,000 defending itself in the employment tribunal.
The extent of the costs was uncovered following an intervention by Scotland's information commissioner.
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22 minutes ago
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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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Sandie Peggie complained about having to share a changing rom with Dr Beth Upton (Andrew Milligan/PA) Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Sandie Peggie and Dr Beth Upton were both working at the Victoria Hospital in Kirkcaldy (Jane Barlow/PA) Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.
The Herald Scotland
22 minutes ago
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Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Sandie Peggie complained about having to share a changing rom with Dr Beth Upton (Andrew Milligan/PA) Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Sandie Peggie and Dr Beth Upton were both working at the Victoria Hospital in Kirkcaldy (Jane Barlow/PA) Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.
Scotsman
an hour ago
- Scotsman
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
Doctor sobs as she admits seeking out a witness to patient safety allegations made by transgender colleague 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 consultant sobbed as she spoke about her involvement in a dispute between a transgender doctor and a gender-critical nurse – as well as admitting a 'flagrant breach of confidentiality', a tribunal heard. 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. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. Advertisement Hide Ad Advertisement Hide Ad During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. Advertisement Hide Ad Advertisement Hide Ad She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. 'Confidentiality in ruins' Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Advertisement Hide Ad Advertisement Hide Ad Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' Dr Beth Upton | National World The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' Advertisement Hide Ad Advertisement Hide Ad She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' Advertisement Hide Ad Advertisement Hide Ad She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard.
