
What we learned from Sandie Peggie employment tribunal
Here is what we learned from day 11 of the tribunal.
Sandie Peggie cleared
The most significant revelation came hours before the tribunal had even began.
Maragret Gribbon, the solicitor for Ms Peggie, revealed her client had been cleared all four allegations of gross misconduct against her.
She was suspended in January 2024 following a row with Dr Upton over the trans medic's use of female only changing rooms.
Further allegations emerged, including that the nurse 'walked out of a resuscitation unit when Dr Upton entered, leaving a patient unseen'.
Another allegation, alleged to have occurred on December 18, 2023, claimed a patient was triaged and left the hospital without being seen.
In a statement, NHS Fife concluded there had been 'insufficient evidence' to support any misconduct claims.
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The ramifications for this are significant and it is unlikely that this will be the end of this.
First Minister John Swinney is also facing criticism after he said he had 'confidence' in the board of NHS Fife despite the misconduct allegations being cleared.
NHS Fife's 'secret' trans policy
NHS Fife did not have a trans inclusion policy at the time of the incident in 2023.
We were told by Ms Bumba that the health board "soft launched" a policy for feedback in October 2024.
We learned that the health board launched its policy in February.
Prior to that, Ms Bumba told the tribunal that she relied on the guidance used by other health boards, particularly in Lanarkshire, Greater Glasgow and Clyde and Highland.
Ms Bumba also said she would have been "Googling" to find out other policies from around the country.
These policies generally said that trans individuals should be treated in accordance with their "self-declared gender".
Workplace regulations were not consulted
In a crucial piece of evidence, Ms Bumba said she did give consideration to the Workplace (Health, Safety and Welfare) Regulations 1992.
However, she admitted that in hindsight she probably would consider it because of the evolving nature of the issue.
She is, of course, referring to the Supreme Court judgment, which ruled that the definition of a woman is linked to biological sex.
Why is this important? The Workplace Regulations state that there must be separate facilities for men and women where necessary.
Excluding Dr Upton could be 'discriminatory'
Dr Bumba told the tribunal she issued the guidance because restricting Dr Upton's access to female changing facilities could "be deemed discriminatory".
She said: Ms Bumba said: "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'd been open about their trans status, to see where they would feel most comfortable."
Ms Bumba said she was given very limited information relating to the incident between Ms Peggie and Dr Upton.
While she was told it related to a "protected characteristic", Ms Bumba maintains she did not know who the people concerned were.
Based on this information, she advised that it could be "discriminatory" towards Dr Upton as it concerned comments about the doctor's trans status.
"It sounded like it was comments that were being made specifically about this person's trans status.
'It sounded quite unpleasant based on what was written," she said.
But crucially, Ms Bumba also said she advised that Ms Peggie's gender critical views must be respected.
The idea of Dr Upton being discriminated against became a key issue of contention when Ms Bumba was quizzed by Naomi Cunningham, a barrister representing Ms Upton.
The barrister asked whether women like Ms Peggie would have been disadvantaged by the decisions taken.
Ms Bumba said there was "no reason" for her to think that women might be concerned about being exposed to sexual harassment.
Harm caused by trans people vs men
Another significant issue of contention related to Ms Cunningham's question which asked whether a trans person using a single-sex space would "put women at significant risk".
Ms Bumba argued that the prospect of harm from a trans woman was "significantly less" that the danger posed by men.
She also said it could have been potentially isolating for Dr Upton to have been instructed to use a "private space" to change away from women.
This was a solution offered to Ms Peggie - but importantly not by Ms Bumba.
Bumba denies being biased towards trans community
The tribunal heard that Ms Bumba signs off her work emails with the statement 'LGBT ally'.
Lawyers acting on behalf of Ms Peggie questioned whether this meant the equality lead was "positioned on one side of the debate" and whether she believed gender reassignment and sexual orientation were the most important protected characteristics.
Ms Bumba said her signature did not suggest these were her main priorities.
"I'm an ally to trans people yes, but that doesn't mean I am not an ally to women," she said.
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South Wales Guardian
an hour ago
- South Wales Guardian
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.


North Wales Chronicle
an hour ago
- North Wales Chronicle
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.

Rhyl Journal
an hour ago
- Rhyl Journal
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.