Swinney ‘supports' NHS Fife after trans medic row nurse cleared of misconduct
As tribunal proceedings resumed on Wednesday, it emerged Ms Peggie has been cleared of gross misconduct allegations following a separate disciplinary hearing by the health board.
Scottish Conservative equalities spokeswoman Tess White said: 'This decision confirms what we've known all along – Sandie Peggie did nothing wrong.
'NHS Fife's credibility lies in tatters and senior bosses owe Sandie an immediate and unreserved apology.'
First Minister John Swinney however insisted: 'NHS Fife has my confidence and support.
'They've got important work to do to deliver for the healthcare needs people of Fife, and that's what I expect them to.'
He said the disciplinary process had 'examined issues about the alleged conduct of Sandie Peggie' and had now 'reached its conclusion'.
The First Minister added: 'It is important that these processes are fair to all parties and that is what has been taken forward here and it has reached its conclusion.
'There is obviously an employment tribunal that has been brought by Sandie Peggie that is currently under way.
'It's not appropriate for me to comment on the live proceedings that are under way in that process.'
Scottish Conservative deputy leader Rachael Hamilton said: 'It's frankly astonishing that John Swinney is still backing this discredited health board to the hilt.
'They've dragged a dedicated nurse through a traumatic disciplinary hearing and tried to cover up the hundreds of thousands they have already squandered on this tribunal.
'SNP ministers have ignored countless warnings that NHS Fife was failing to comply with their legal obligations.
'It raises a serious question, what exactly would this health board have to do to lose the First Minister's confidence?
'Instead of defending the indefensible, John Swinney should finally stand on the side of women and girls and ensure that NHS Fife and other public bodies are following the law by always providing single-sex spaces.'
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Ms Peggie was ultimately cleared, with the health board saying earlier this week that the panel "found that there was insufficient evidence" to back up the four allegations made by Dr Beth Upton. Following the announcement, Scottish Labour's deputy leader, Dame Jackie Baillie, called on NHS Fife to settle the tribunal and bring "this sorry saga to an end.' READ MORE The minutes of the investigation form part of the evidence bundle — the compilation of all documents relevant to the employment tribunal, including the original complaint, witness statements, internal correspondence, screengrabs of WhatsApp messages, Facebook posts, disciplinary records, and responses from legal representatives. The Herald on Sunday is the only newspaper to have accessed the bundle. Ms Peggie, an experienced A&E nurse, was suspended after a confrontation with Dr Upton, a transgender medic, on Christmas Eve 2023 at Victoria Hospital in Kirkcaldy. Dr Upton ultimately made four complaints about Ms Peggie. The first was that Ms Peggie was carrying out observations on a patient in the resuscitation area when Dr Upton entered the cubicle. Rather than continue, Ms Peggie allegedly "stopped, exited the cubicle and told Beth Upton to complete the observations herself." The second concerned an incident on December 18, when a child left the department without being seen. Dr Upton said they asked Ms Peggie for her "advice and assessment from a triage perspective," but the nurse refused to answer and "chose to speak through a colleague." The third allegation was of misconduct: that Ms Peggie told Dr Upton they "did not have the correct chromosomes to be within a female changing room," and referred to "a recent news story that involved a transgender woman in a female Scottish prison." The fourth was that she misgendered her colleague by referring to Dr Upton as "he/him, including in discussions with colleagues." However, the minutes of the investigation suggest that the potentially career-ending patient safety allegations were quickly dismissed. Dr Beth Upton (Image: Getty) Dr Upton told investigators their "concerns were more in relation to potential issues that could happen in the future" and that they "did not feel patient safety was compromised for this patient at this time." Ms Peggie's managers also said they had no concerns about her practice. Esther Davidson, Ms Peggie's supervisor, told the panel she had "never received any concerns about anyone's safety in relation" to the nurse's practice. She did refer to "one occasion around eight years ago when a newly qualified nurse felt intimidated by Miss Peggie and eventually snapped." An early resolution meeting was held, followed by a short monitoring period. "There were no further issues after this." Also included in the evidence bundle is a letter sent by Dr Kate Searle, Dr Upton's supervisor, to all emergency department consultants. The email, circulated shortly after the Christmas Eve incident, appeared to condemn Ms Peggie outright — before any formal investigation had taken place or Ms Peggie had been asked for her account of events. Dr Searle wrote: "Beth was approached in a very confrontational and aggressive manner by SN Sandie Peggie in the changing room. She stated that she had no right to be in the female changing room, and that Sandie was not the only member of staff who felt this way, and that she found Beth's presence in there intimidating. "She then proceeded to use other offensive terms, including alluding to her presence in the female changing room being akin to the situation of a convicted rapist being housed in a woman's prison earlier this year. "Beth is understandably shaken and distressed by the episode, and indeed felt unsafe and threatened at the time. I have had a long chat with Beth today and ensured she knows we all support her and that we condemn the actions of Sandie." Dr Searle added that she had ensured Dr Upton would not share shifts with Ms Peggie over the next month, had filed a formal Datix report, contacted NHS Fife's equality lead, referred Dr Upton to occupational health services, and arranged for managers to meet Ms Peggie. Dr Searle is due to give evidence and be cross-examined at the tribunal on Tuesday. "I felt upset and afraid" Dr Upton told investigators that early on, they found Ms Peggie to be "someone that didn't want to engage with her." They said they "felt things were challenging enough with the changing room situation" and "wanted to ensure that she was not contributing to making things difficult within the department" and that their "concerns did not warrant going to speak to someone at that point." Asked about the impact of the Christmas Eve incident, Dr Upton said they "felt upset and afraid, and has remained so since." READ MORE They took two months off work in March 2024 after learning Ms Peggie was returning to the department. They told the panel they had suffered "daily panic attacks," and that "her wife was concerned about safety at work." "I feel people — especially in this country — can be prejudiced towards trans people," they said. "I was conscious of the potential for this situation to become so much bigger, which it has subsequently done." They said there had "been leaked pre-transition photos of her and harassment of her and her family, all of which has been very distressing." They said journalists had turned up at their door and harassed them and others around them. Personal logs and earlier difficulties Dr Upton kept notes of their interactions with Ms Peggie on their phone. In one entry dated August 2023, they wrote that Ms Peggie had walked into the changing room while they were there and "abruptly walked out" and waited outside. "Can't help but feel slightly off, upset, put off by this. Disappointed it appears that she chose not to enter because of me and didn't think I belonged there. Sad times." A second note, from October 2023, said Ms Peggie again left the changing room when Dr Upton arrived. After the Christmas Eve incident, Dr Upton wrote that they were "distraught." "I feel attacked and cornered. I explained, this is the first time I've experienced anything like this in person." Asked why they kept a log on your phone, Dr Upton said "if you're having difficult interactions with people, that you should keep a track of it." They added that their wife and mother "also advised her to keep a track of difficult interactions and any repeat behaviours." Dr Upton told the panel they were "feeling uncomfortable in the situation and felt it was good to keep track." They also confirmed they "had previous difficulties with a colleague during her FY1 placement, and had kept a log of that." Ms Peggie's legal team sought an order for Dr Upton's phone to be inspected by forensic expert Jim Borwick. However, this was rejected by the tribunal. They wanted to discover the date and time the notes were created and when they were edited. Mr Borwick is due to give evidence on Tuesday. The nurse's response The panel also sent supplementary questions to Ms Peggie. None were about patient safety. The first four were about her general use of pronouns. In a formal reply, Ms Peggie's solicitor, Margaret Gribbon, said a disciplinary hearing should 'proceed on the basis of concrete allegations of clearly specified allegations of misconduct, normally on a specified date. An invitation to an employee to make a general confession is neither usual nor fair." Asked how she refers to Dr Upton, Ms Peggie said: "Beth." She added: "Pronouns are not used to address people, so I do not use pronouns, either preferred pronouns, or correct sex pronouns, to address anybody, patients or colleagues." Asked why she told colleagues before Christmas Eve that she would speak to Dr Upton directly, Ms Peggie said: "No one appeared willing to speak to Beth on behalf of myself or my colleagues. "I hope that by speaking to him personally, he might be able to realise he was making us feel uncomfortable by changing in a female changing area, and the reason why, in the hope he would understand and change elsewhere." She said she entered the changing room to change her trousers, which were soiled due to menstruation, and that the situation made her feel "embarrassed." Asked whether her feelings contributed to the interaction, she said: "Yes." Asked if she had discussed the incident with a supervisor, she replied: "I wasn't upset I was menstruating. "I was upset because my dignity as a woman was being violated because I was being forced to deal with the situation with a male being present in the female changing room at a time when I felt vulnerable and in dire need of privacy and a single-sex space. "I didn't feel comfortable speaking to the staff I was working with, especially as it was a personal and embarrassing matter. I was keen to go home, especially as it's Christmas Day, and discuss my upset with my husband and my family." She said the incident lasted just two minutes and that she hoped the conversation might help Dr Upton understand. Asked why she didn't report the matter, Ms Peggie said: "I was hopeful that Beth would accept my concerns and the reasons why I felt uncomfortable. "I tried to give him an example so he could appreciate the severity of the situation. I told them I had a difficult history with men." "I didn't think it was necessary to speak to anyone, because I was hoping, on reflection, Beth would understand." She said she was "upset that the interaction did not seem to have had any influence on the way Beth felt, and I realised from his reaction that he did not seem to care about the stress he was causing me." "I was left shaken following his response. It was on my mind throughout the shift, but I did not want it to impact my work." Sandie Peggie (r) with solicitor Margaret Gribbon (Image: Jeff J Mitchell/Getty) Ms Peggie denied ever referring to chromosomes. "I am a nurse and don't need to ask a person what their chromosomes are, because I already know. I deny referring to chromosomes during my interaction with Dr Upton." Asked about the reference to the Scottish prison story, she said: "It was in the media at the time. I was trying to give [Dr Upton] an example of how I and other women feel." Asked whether she treated Dr Upton with dignity and respect, Ms Peggie replied: "Yes, because Dr Upton's presence there and the board's decision to permit him to use a female-only changing room was unlawful. "I felt upset, humiliated and harassed to find him there, particularly when I had a menstrual flood to deal with. I remained as calm as I could, but I felt strongly that he should not be there. "His insistence that he was entitled to be there meant I felt I had no option but to try different explanations of why his presence made me and many of my colleagues uncomfortable. "I should not have been put in this position, and I handled it as well and as calmly as I could, given the difficult circumstances in which management had put me." NHS Fife's findings In a statement released on Wednesday, NHS Fife said: "The panel found that there was insufficient evidence to support a finding of misconduct." Ms Peggie's solicitor, Ms Gribbon, said her client was "relieved and delighted that this 18-month long internal process has concluded and cleared her of all allegations." The tribunal continues.
