NHS Fife equality lead sought guidance on trans staff policies, tribunal told
After Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care', Ms Peggie was suspended but was notified of safety allegations on March 28, 2024 in a letter, the tribunal heard earlier this year.
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.
The tribunal in Dundee resumed on Wednesday after previous hearings in February, and comes 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.
Isla Bumba, NHS Fife's equality and human rights lead officer, told the tribunal on Wednesday she researched the policies of other health boards as there was no regional policy in place regarding trans employees in 2023.
Questioned by NHS Fife's counsel Jane Russell KC, Ms Bumba said that in August 2023, her line manager Esther Davidson had sought advice on transgender policies.
Ms Bumba said: 'Esther called me, I believe she had called me to ask for very generic and informal advice. I was told they had a transgender staff member who was due to join the workforce, she was seeking advice on how best to accommodate them particularly around changing rooms.'
She added: 'I said it could be deemed discriminatory to not allow a trans person access to facilities that aligned with their gender, but I recommended that it might be worthwhile having a conversation with the person directly if they had been open about their trans status to see where they would be most comfortable.'
Ms Bumba said she looked at policies from NHS Lanarkshire and NHS Highland, and was regularly communicating with peers in her role as part of the NHS Scotland Equality Leads Network, and she was also working on a draft patient policy.
Ms Russell read from the NHS Highland policy which said: 'Staff must be treated in accordance with self-declared gender regardless of whether under medical supervision or having gender recognition certificate.'
Ms Bumba said the policy 'exactly' aligned with her understanding, and at the time, a national policy Once For Scotland from NHS Scotland was being worked on in draft form.
She said she believed the national policy had been 'soft launched' before being withdrawn in February 2025 due to legal proceedings.
Ms Bumba said she was providing advice on trans issues 'relatively frequently… at least once a month or every couple of weeks', and she believed Dr Upton was not the only transgender employee at NHS Fife.
Nurse Sandie Peggie has taken NHS Fife and Dr Beth Upton to an employment tribunal (PA)
Ms Bumba said she was contacted by Dr Upton's line manager, Dr Kate Searle, on December 8 2023, and referred to the draft national policy.
Ms Bumba went on annual leave between December 24 that year until January 3 2024, when she said she became aware of a conflict between a doctor and a nurse.
She told the tribunal she read a Datix report titled 'hate incident' and read an email from Dr Searle on January 8, and offered to have a chat 'to see what the plan was moving forward'. However she said this meeting did not happen as it was 'chaotic', and Dr Searle was off the following day.
She said she had previously advised two line managers to speak to HR but believed they had already done so in her absence.
Ms Bumba said: 'I believe the advice I gave was that from the information I'd been given it sounded like a very unpleasant incident, it could be deemed discriminatory and I recommended they seek advice from HR.
'I believe the Datix was listed as a hate incident which would suggest the person who listed it believed it was discriminatory.'
However she said she had no further involvement until July 2024 when a press report prompted a meeting.
Ms Bumba said: 'I did remind the group that the nurse involved was entitled to her beliefs and that gender-critical beliefs were protected under the Equality Act, but that the NHS expects staff to behave with care and compassion.'
She said the draft patient policy was put on hold and NHS Fife was 'hesitant' about the draft national policy, the tribunal heard.
Ms Bumba said: 'I believe the soft launch has been pulled since the onset of this tribunal.'
Hours before the tribunal was due to restart, Ms Peggie's solicitor Margaret Gribbon said the nurse had been cleared of gross misconduct allegations following a separate health board disciplinary hearing.
The inquiry continues.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald Scotland
7 hours ago
- The Herald Scotland
'Sandie Peggie tribunal has escalated campaign against trans people'
Ms Peggie, who has worked as a accident and emergency nurse for more than 30 years, was placed on special leave from her role at Victoria Hospital in Kirkcaldy, Fife after Dr Upton made an allegation of bullying, harassment and patient safety concerns. Ms Peggie had complained about having to share a women's changing room with Dr Upton on Christmas Eve 2023 and has taken an employment tribunal against NHS Fife and Dr Upton claiming she was subject to unlawful harassment under the Equality Act. The Dundee Tribunal Hearing Centre last month heard that Ms Peggie had describing Dr Upton as a "weirdo" and referring to the medic as "it". READ MORE: Asked about her use of language towards Dr Upton, Mr Greer said: "This is just one example of the wider onslaught against the basic dignity of trans people in this country right now." He added: "This tribunal has escalated what was already an absolutely shameful campaign against trans people. Putting aside the specifics of this tribunal, there is clearly an attempt to force trans people out of public life in Scotland. "It's not isolated just to Scotland but I think we have a particular problem...I cannot imagine how difficult it must be for trans people to go out, live their daily lives, to go shopping, go to the office if they don't even know if they can use the toilet in a shopping centre. "It's not just trans people who are being hurt by this, although that's what we should focus on. We are seeing anyone who doesn't conform to traditional ideas of gender being attacked. "A woman who was not trans was forced to leave a shop because she used the women's toilet and someone else was convinced she was have we got to a point where if a woman doesn't conform to a very traditional idea of femininity she is to be attacked and forced to leave a toilet in a shop." Sandie Peggie, left, and Dr Beth Upton (Image: PA) At the hearing, Ms Peggie admitted some remarks made about Dr Upton in a WhatsApp chat were derogatory and demeaning, but added they were only made between a small group of friends. She denied waging a "vindictive campaign" against Dr Upton. Documents presented in evidence to the tribunal also show Ms Peggie making racist comments in an online group chat mocking the victims of the Pakistan floods in 2022, which killed over 1,700. Between June and October 2022, monsoon floods devastated Pakistan, submerging one third of the South Asian nation, leaving millions homeless and injuring nearly 13,000. The official death toll was 1,739. She said the 'distasteful" posts were sent as an attempt at 'dark humour' has strongly denied accusations of racism. The nurse also denied evidence from two colleagues that she said previously said she wanted to post bacon through the letterbox of a mosque in Kirkcaldy. Ms Peggie also admitted to the use of the racist slur 'P***', but defended this saying the term was commonplace where she lived and grew up in Glenrothes, Fife Mr Greer told The Herald: "The kind of racist comments that Sandie Peggie was found to have said to colleagues are wildly unacceptable." He said the terms Ms Peggie used to describe Dr Upton was "unquestionably bigoted and hateful language". The Nursing and Midwifery Council told The Herald that Section 20 of its code of conduct members of the profession should "uphold the reputation of your profession at all times". A spokeswoman said: "It says that nurses, midwives and nursing associates must treat people fairly without discrimination, bullying or harassment. It also states that individuals should be aware of how their behaviour can affect and influence the behaviour of others, be sure not to express personal beliefs inappropriately and use all forms of communication responsibly. "The Code applies in both a person's professional and personal life - professionals on our register must 'uphold the reputation of [their] profession at all times' to help maintain the public's trust and confidence." Responding to Mr Greer's comments, Susan Smith, of For Women Scotland (FWS), which has intervened in the case, said: "Sandie Peggie is not on trial here - any poor taste comments are completely irrelevant to her right to a single-sex changing room. If human rights are to mean anything, they have to be universal. "Some might think that "weirdo" is a mild way to describe a man who insists on stripping off in a room of women who did not consent to his presence. We note that Mr Greer has never condemned the vile threats trans activists target at women. Indeed, on previous occasions he has defended some truly vile groups saying that he "supports trans people not transphobes". Once again, it seems, women's words are painted as worse than men's violence." The tribunal will resume on September 1, for two days of oral submissions summarising both sides of the case. The three person panel will then take time to consider a written ruling - a process that could take some time. Ms Peggie was cleared of gross misconduct following disciplinary proceedings by NHS Fife - a decision announced on 16 July, the same day the tribunal resumed after a five month pause in proceedings. The nurse had faced allegations of misconduct, failures of patient care and misgendering Dr Upton. NHS Fife said an internal hearing found there was "insufficient evidence to support a finding of misconduct". NHS Fife confirmed no formal sanction had been imposed on the nurse and that the review panel decided a "facilitated reflective practice discussion" would be appropriate.
Daily Record
a day ago
- Daily Record
NHS boards splurge £53m on private advisers as frontline services suffer
Included in the spending was £200k for conflict resolution experts and £23k for media advisors. Scottish NHS boards have spent a shocking £53million on private management consultants in the last five years the Sunday Mail can reveal. Labour has accused the SNP government of allowing the health service to 'haemorrage' money on external firms, while cash strapped frontline services struggle to cope. The spending includes more than £200,000 paid by NHS Highland for 'conflict management resolution' experts, and £23,000 by the State Hospital Board for 'media strategy advice'. Public Health Scotland, the national health improvement and protection body, spent £97,000 on change management and business service consultants from auditing firm KPMG. It comes as soaring long waits at A&E departments are estimated to have contributed to more than 1,000 needless deaths. Jackie Baillie, Scottish Labour deputy leader, said the SNP had to 'get a grip' on the spending. She said: 'While outside expertise will always be needed, these figures show that at a time when our hospitals and surgeries are under pressure, health boards are still haemorrhaging cash. 'The SNP must get a grip on health boards' spending and ensure that where money does go to external consultants it can be clearly justified.' NHS Highland was at the centre of a bullying scandal after whistleblowers exposed a culture of fear at the health board in 2018. Two years later bosses paid Conflict Management Plus, a firm based near Cambridge, £189,000 for help to deal with problematic workplace relationships. Another £15,000 was handed to the firm in 2023. The State Hospital Board, which is responsible for running Scotland's only high-security psychiatric hospital at Carstairs - paid £23,000 to a firm for help in developing proactive media strategies over three years between 2020 and 2022. In 2023 Carstairs bosses also spent £720 on a 'courageous conversation workshop' from Scottish firm Class 1 Consultants. The Scottish Ambulance Service spent £373,000 for a private consultant to plan rosters between 2019 and 2023. Last year NHS Education Scotland paid a private firm £210,000 to complete a business case for the government's new health and social care app which is supposed to be launched by the end of the year. In total between 2019/20 and 2024/25 health boards have spent £53 million on private consultants. This also includes private consultants for infrastructure projects. The details come amid concern about the state of Scotland's NHS. A report by the Institute for Fiscal Studies in December last year found that while the NHS in England is steadily improving since the pandemic, in Scotland things are getting worse. Their study found that compared to before Covid, the percentage of people waiting for tests, cancer care, emergency care and elective care for longer than the NHS target time has all increased. It has also increased compared to last year in all areas except the percentage of people waiting six weeks or less for diagnostic testing. The IFS stated: 'There remains the ongoing challenge of ensuring that money is spent well, staff are deployed effectively, and productivity in the NHS is enhanced – all essential if waiting times are to be reduced.' Baillie said: 'It's the Scottish Government which should show leadership when it comes to reforming our health service yet after nearly two decades the SNP is out of ideas. 'The reality is that John Swinney and the SNP have no meaningful plan, no strategy and no ideas to save our NHS. 'A Scottish Labour government will make sure our NHS is free and available at the point of need, declare a national waiting times emergency, end the 8am rush for a GP appointment and do whatever it takes to fix the NHS.' Last month the Scottish Government pledged to 'target funding at frontline services' including the NHS as part of its five year financial plan and promised an increase in value for money, investment in preventative measuress to reduce demand on services and to reform public services. Trade unions have raised concerns about severe staffing shortages in some areas of the health service, including 'chronic understaffing' in the nursing sector, Unison Scotland warned in April there were not enough nurses on duty to 'ensure patients are protected from harm like falls, medication errors or other risks'. Its members warned there were not enoguh staff on duty in two thirds of shifts to deliver safe care. A Scottish Government spokesman said: 'Spending on external consultants is a tiny fraction of the NHS budget. 'NHS Boards make decisions on their spending, including the use of external consultants, where this is necessary to provide the most effective services. 'This information is published to ensure transparency and discussions are held on a regular basis with each NHS Board on how it is utilising its resources to ensure value for money.' 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'.
The National
3 days ago
- The National
Trans people face 'total ban from single-sex spaces under EHRC rules'
While services will not be compelled to provide single-sex spaces, The Times reported that trans people could be barred from accessing any that do exist – whether those spaces align with their birth sex or their acquired one. The difficulty stems from the fact that trans people will not be allowed to use facilities that align with their acquired gender – but can also be banned from using facilities that align with their birth sex if they look too much like their acquired gender. READ MORE: Trans toilet rules 'may force Scottish museums to close' Draft EHRC guidance states: 'For example, a trans man [who was born a female] might be excluded from the women-only service if the service provider decides that, because he presents as a man, other service users could reasonably object to his presence, and it is a proportionate means of achieving a legitimate aim to exclude him.' The Times reported that the finalised guidance would have the same effect as this draft guidance. It will apply to organisations that provide public services, including shops, museums, gyms, prisons, and NHS departments, among others. The statutory guidance, which will have to be approved by Labour's Equalities Minister Bridget Phillipson, is further expected to say that trans people can be excluded from single-sex sports, and that people could object to trans people's 'presence' if they feel it is a vulnerable situation, such as changing clothes. Services will be allowed to request to see people's birth certificates to decide whether they are allowed in a single-sex space – but will have to tread carefully as doing so insensitively could be considered discrimination, The Times reported. However, services will also have to provide suitable facilities for trans people to use, meaning a separate space may be the only option many places have. The EHRC is facing a legal challenge over its draft guidance, with a full hearing due in November. Good Law Project, who are bringing the challenge, claim the EHRC guidance goes 'far beyond' the Supreme Court's ruling, which said in April that sex must be considered biological under the 2010 Equality Act. 'It amounts to a bathroom ban for trans people, violating people's right to privacy in their everyday lives,' Good Law Project said. READ MORE: EHRC changes guidance on single-sex toilets after legal challenge People have privacy rights under Article 8 of the European Convention on Human Rights, which campaigners argue may be breached by having to reveal biological details to use the toilet. 'We'll be arguing in November that the EHRC was wrong to say employers can only provide gendered toilets based on 'biological sex', and wrong to ignore ways that companies and the public sector can provide trans inclusive men's and women's facilities,' Good Law Project said. The EHRC has also faced criticism for the speed at which it has consulted on its draft guidance, using artificial intelligence to sift through 50,000 representations at a reported rate of 1850 per day. A legal challenge against the short consultation period was thrown out in June. A spokesperson for the EHRC said: 'The code of practice has not yet been finalised. We received an extremely high volume of responses to the consultation and are grateful to everyone who shared their feedback. 'To ensure we give these responses the consideration they merit, we are working at pace to analyse them and are amending the draft code of practice text where necessary to make it as clear and helpful as possible. The news comes after a Scottish Government report found that negative media and political attention around trans people is impacting on gender healthcare, making it harder to recruit and retain staff. 'But our code will remain consistent with the law as set out by the Supreme Court.'
