Employment tribunal brought by nurse over trans doctor to resume
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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Daily Mail
an hour ago
- Daily Mail
JULIE BINDEL: A clown show of a case made Sandie Peggie's life a misery - now it's time NHS chiefs face the consequences for what they forced her to endure
The Sandie Peggie vs NHS Fife employment tribunal took a dramatic turn yesterday when the internal disciplinary investigation cleared the nurse of all gross misconduct allegations. On the evening before the case resumed came information that four gross misconduct allegations: two relating to patient care failures, one of misgendering Dr Beth Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023, which were classed as 'hate incidents', were dropped. Peggie is a female nurse who objected to sharing a changing room at NHS Fife with the trans-identifying Dr Upton, both before and after a gruelling shift on the ward. Peggie felt uncomfortable and intimidated by Dr Upton's presence and raised this with her manager but nothing was done to address the issue. In fact, she was informed that the doctor had a right to use the female-only changing room. On 24 December 2023, there was a confrontation between the two. Peggie, a professional subordinate, objected to Dr Upton using the space because the changing room is a single-sex facility, permitted by law. A hard-working nurse with three decades of experience, she was subsequently placed under investigation and suspended. Peggie fought back and took both NHS Fife and the doctor to a tribunal, citing unlawful discrimination and harassment against her. This development has significant implications for NHS Fife which is sharing a legal team and, therefore, a legal narrative with Dr Upton, who triggered the complaints against Sandie Peggie. The result of this case will have wider ramifications for the way the NHS deals with the issue of gender identity versus biological sex. While I am one of the many common sense citizens who is delighted for long-serving nurse Peggie, I am astounded and horrified that NHS Fife put her through these stressful disciplinary proceedings at all – simply for challenging a biological male for using the women's changing room. It is unclear whether there were specific policies in place when Dr Upton began to work at NHS Fife, but during the tribunal we learned those tasked with implementing equality and diversity protocols decreed that the doctor had a right to use those spaces. The tribunal now has to decide whether or not the presence of trans-identifying Dr Upton in that changing room is lawful, or whether it amounts to unlawful harassment of Peggie. While it is probably still in Dr Upton's best interests to argue that Peggie engaged in harassment and endangered patients, it is very hard to see how that's still in NHS Fife's best interests. And it is just as hard to see how Jane Russell KC can continue to argue these points when one of her clients has now determined this didn't happen. There is a very clear law that requires employers to provide separate changing facilities for male and female employees in the workplace. Based on evidence that Dr Upton gave in terms of the date of transitioning, no Gender Recognition Certificate (GRC) was in place when these events occurred. But since the Supreme Court decision this April, namely that even a GRC does not give a blanket legal right for men in possession of one to use a female-only facility, this argument will be difficult to apply. The management of NHS Fife has made Peggie's life a misery and wasted a huge amount of public money defending the indefensible. Bearing in mind how strapped for cash the NHS is, I hope they are severely reprimanded for what they have forced her to endure. We know that with cases against those who commit heresy regarding gender ideology, the process itself is the punishment. Sandie Peggie has been tortured for 18 months by her employers because a biological male decided to encroach upon her personal space. For 30 years, this woman has worked hard under the most stressful of circumstances. She had an unblemished record, which she has now reclaimed as a result of these spurious and vindictive allegations being dropped. Although Peggie is clearly mightily relived at no longer having the cloud of these very serious allegations hanging over her, the case and the sadistic treatment of the hard-working public servant will act as a warning to others who dare to speak out about the harms of gender ideology in the workplace, particularly when it involves a colleague of a higher rank. Despite this, the gender house of cards is falling, particularly since the Supreme Court decision in April, brought by a fine group of Scottish feminists, but also because the general public is now becoming aware of the ridiculousness of the notion that a person can simply change sex. As NHS Fife's equality and human rights lead officer Isla Bumba, who originally advised management that Dr Upton should be allowed to use the female changing room, told the ongoing tribunal yesterday: 'If someone says that they are trans, I would believe that they are trans,' having already admitted that she had no idea whether Dr Upton had undergone any surgery, hormonal treatment, or even made an effort to 'look like a woman'. In the light of this disgraceful witch hunt against Peggie, I hope that human resources departments and individuals everywhere charged with upholding actual anti-discrimination measures in the workplace will take note. They must adhere to the laws of the land confirmed by the Supreme Court – and not Stonewall's made-up rules. They must not bow and scrape to bullies and, instead, must protect and defend the rights of women to have a safe space when getting changed and in other situations that require single-sex facilities. I don't understand why those like Dr Upton, and their numerous trans activist allies, cannot see why taking off their clothes in front of a woman would cause discomfort and fear. Why do these people think feminists fought decades ago for female-only facilities and services? When single-sex facilities were created, very few people suggested it was outrageous or that it meant that all men were being painted as potential rapists. And yet many transgender activists claim that unless we let any man who claims to be a woman inside a single-sex facility, we are calling them a rapist. It is simply a matter of upholding women's safety and dignity. The tribunal continues, despite a number of experts in workplace discrimination and the law relating to equality law assuming it would collapse in light of Peggie being cleared of wrongdoing. But this clown show of a case will surely be a lesson for all employers, as well as public institutions such as universities, police forces, and governmental departments in implementing laws and policy as dictated by bullying trans activists. Putting a woman who has done no wrong whatsoever through hell and back in order to appease a biological male who demands to be recognised as female is not only cruel on a deeply personal level, but also costly in other ways. To date, this case has been fought with £220,000 of public money, and for the majority of the public, without our consent.
The Herald Scotland
3 hours ago
- The Herald Scotland
Sandie Peggie tribunal: NHS pulled trans policy in February
The case against NHS Fife and Dr Beth Upton resumed on Wednesday, after being adjourned in February. READ MORE Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, is suing her employer after being suspended following a confrontation with a trans woman medic. On Christmas Eve 2023, Ms Peggie experienced a sudden heavy period and was concerned she had bled through her scrubs. When she entered the changing room and saw Dr Beth Upton, she said, in her view, the medic was a man and should not be in the room. Dr Upton made a formal complaint shortly afterwards. Ms Peggie was placed on 'special leave' in late December 2023 and suspended in January 2024, pending an investigation into 'alleged unwanted behaviours towards another member of NHS Fife staff'. During the subsequent investigation, Dr Upton made further allegations about Ms Peggie, including a claim she left a patient 'unseen'. All four misconduct allegations were dismissed by NHS Fife on Tuesday following an investigation. Margaret Gribbon and Sandie Peggie (Image: Jeff J Mitchell/Getty) Ms Peggie lodged legal proceedings in the employment tribunal against NHS Fife and Dr Upton, 'alleging multiple breaches of the Equality Act 2010', including concerns around Dr Upton's use of the changing room. The tribunal heard that in August 2023, Ms Peggie's line manager, Esther Davidson, sought 'generic' advice on transgender policies ahead of a new member of staff joining. Ms Bumba told her: '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 was asked to write up a policy for NHS Fife regarding trans staff. The tribunal heard she relied on guidance from other health boards, including NHS Lanarkshire and NHS Highland. She said she also regularly discussed trans policy with other NHS equality officers through the NHS Scotland Equality Leads Network. Ms Bumba later added that she had also used the Equality and Human Rights Commission's statutory code of practice, which was published in 2011. She said NHS Fife's lack of policy was partly because it was waiting on the national version. The draft guidance was 'soft launched' in October 2024. The document—released under Freedom of Information—states that denying a trans person the right to use their preferred facilities 'could be unlawful discrimination'. It adds that trans individuals do not require a gender recognition certificate and 'should not routinely be asked to produce it as evidence of their legal gender'. Ms Bumba said it was withdrawn in February 2025. 'I believe the soft launch has been pulled since the onset of this tribunal,' she said. READ MORE During cross-examination, Ms Bumba also admitted she had not consulted the Workplace (Health, Safety and Welfare) Regulations 1992, which state that changing facilities will not be suitable 'unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety'. Ms Peggie's barrister, Naomi Cunningham, suggested that assigning a private space to Dr Upton might have protected 'privacy, dignity and possibly also safety'. Ms Bumba responded: 'I'm not sure how isolating one individual would uphold their dignity.' She said a third space might have been a 'proportionate' solution if gender-critical women had raised concerns—but she was unaware of any such complaints at the time. Asked whether she had considered whether exclusion of trans people might protect the privacy and dignity of others, including those whose religion may prevent them from getting undressed in a room with a biological male, or women who have experienced sexual violence, Ms Bumba said: 'I was unaware of any issues with this policy and any concerns being raised at that time so it didn't seem proportionate to me.' Beth Upton and supporters in February (Image: NQ) Ms Cunningham also asked Ms Bumba about the definition of biological sex. The official said: 'I hazard a guess that I would be female but nobody knows what their chromosomes are.' Asked about the risk of men in women's spaces, Ms Bumba agreed that men generally pose a greater threat to women. However, she added: 'The risk you described does not equate for a trans person.' Ms Cunningham pressed further: 'Are you saying although men in general present a greater threat to women than women do, are you saying that trans women are different from other men in level of threat they present?' Ms Bumba replied: 'Absolutely. I have yet to see, other than one specific case, Isla Bryson, that they are a risk.' The inquiry continues.
The Guardian
3 hours ago
- The Guardian
Nurse cleared of misconduct in trans doctor changing room row in Scotland
A nurse who objected to sharing a female changing room with a transgender woman doctor has been cleared of gross misconduct allegations. Sandie Peggie, who has worked as a nurse for the health board for more than 30 years, is claiming she was subject to unlawful harassment under the Equality Act when she was expected to share a changing room with a trans woman, Dr Beth Upton. Upton herself complained to the board about Peggie's behaviour after an altercation in the women's changing room in Victoria hospital, Kirkcaldy, Fife in December 2023. Peggie was accused of misconduct, failures of patient care and misgendering Upton. But NHS Fife confirmed on Wednesday that an internal hearing had concluded there was 'insufficient evidence to support a finding of misconduct'. Peggie's solicitor, Margaret Gribbon, described her client – who was suspended from work at the Victoria hospital in Kirkcaldy in January 2024 – as 'relieved and delighted' at the outcome of the 18-month internal process. NHS Fife and Upton are defending their actions in an employment tribunal case against the trust that resumed on Wedneday after a five-month break. The tribunal hearing is being watched closely for how it may be influenced by April's landmark judgment by the supreme court that the legal definition of a woman in the Equality Act 2010 does not include transgender women who hold gender recognition certificates. The ruling has since been publicly welcomed by Peggie and her supporters. In earlier evidence, Peggie said she had felt 'embarrassed and intimidated' when Upton started to get changed alongside her, leading to a heated exchange, the details of which are disputed. The health board has previously described Peggie's action as 'unnecessary and vexatious'. Upton is also disputing it. NHS Fife's equality lead, Isla Bumba, told NHS Fife's counsel, Jane Russell KC, that in August 2023, her line manager, Esther Davidson, had asked for 'very generic and informal' advice on how best to accommodate a new trans member of staff, 'particularly around changing rooms'. The advice was based on the Equality and Human Rights Commissions's statutory code of practice, which is currently being revised to reflect the supreme court's ruling. Bumba told the hearing: '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.' She confirmed to Russell that she was not aware of any other cases of staff objecting to trans employees using changing facilities that aligned with their lived gender to date, and that no other female staff had approached her to say they felt their safety, privacy or dignity were being compromised. Bumba was later questioned by Peggie's lawyer, Naomi Cunningham, who asked whether the health board's approach to allowing Upton to use the women's facilities amounted to forcing female colleagues 'to participate in a pretence' that Upton was a woman. 'I disagree,' said Bumba firmly. She later denied that she wanted to 'see Sandie Peggie punished' for her gender-critical views, telling Cunningham 'that's quite a leap'. Earlier she accepted that, while she believed that trans women were women, there were others who did not. 'I believe gender is a spectrum and people's views on gender will also be a spectrum'. As the tribunal continues, first minister John Swinney insisted that NHS Fife – which has spent at least £220,ooo defending its actions – 'has my confidence and support', while Scottish Labour's deputy leader Jackie Baillie called on NHS Fife to settle the tribunal case 'and brings this sorry saga to an end'.
