Gender row nurse ‘wanted to post bacon through mosque letterbox', tribunal told
Nurse Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital in 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 Monday, the tribunal also heard that Ms Peggie's legal team were contacted at the weekend by a witness who shared her objections over sharing a changing room with Dr Upton and 'found the courage to come forward'. The team had also been contacted by another potential witness.
Ms Peggie's barrister, Naomi Cunningham, described the case as 'extraordinary', and 'the first case in which the practical working out of the implications of For Women Scotland judgment will have to be addressed in relation to single-sex spaces'.
She said that the way Ms Peggie had been treated by NHS Fife had 'frightened off' other potential witnesses who shared her views, and that the nurse 'has been the only one to find the courage to speak up' until a new witness came forward.
Ms Cunningham said: 'The truth is, we have known of many others. Ms Peggie's evidence is … lots of people agree. The difficulty is persuading anyone to come forward and tell the tribunal. That difficulty is because of the price of speaking up on these issues in NHS Fife.'
She added: 'To this point she has been the single individual; there have been many, but she has been the only one to find the courage to speak up.'
On Monday, emergency nurse practitioner Fiona Wishart, who has worked for NHS Fife for 41 years, told the tribunal she heard Ms Peggie making 'derogatory' remarks about Dr Upton at a lunch on September 4 2023, and making 'offensive' comments about a mosque being built in the town, the tribunal heard.
Ms Wishart said: 'I was at a lunch with fellow colleagues. Sandie had made remarks about Beth at the lunch, derogatory remarks.'
She said she had forgotten details but was told the comments were 'weirdo', 'freak' and 'it', although she also said those terms were not used at the lunch, the tribunal heard.
Ms Wishart said: 'I've heard her make derogatory remarks regarding people of other ethnic origins and people of other sexual orientations… referring to people as 'immigrants who need to go back to their own country', and 'come over here to steal our jobs'.
'These are opinions that don't align with mine.'
Ms Wishart said that at the same lunch, Ms Peggie had commented on a new mosque being built in Fife, and 'made reference to the fact she had a good mind to post bacon through their letterbox', the tribunal heard.
Ms Wishart added: 'I specifically remember it because I found it offensive.'
Counsel for both respondents, Jane Russell KC, said: 'When she said that, how did others respond?'
Ms Wishart said: 'I can't remember, but she made derogatory remarks about Beth, and my colleague that was at the lunch, Lindsey Nicoll, responded, but I cant remember what she said.'
Ms Russell asked: 'Did it go beyond 'weirdo', 'freak', and 'it'?'
The witness said: 'No, I don't think so.'
The tribunal continues.
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