Sandie Peggie: MSP urges probe into NHS Fife ‘vendetta'
She was suspended on January 3, 2024, after Dr Upton submitted a complaint alleging bullying and harassment.
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The case has led to significant criticism of NHS Fife.
The employment tribunal resumed earlier this month after a five-month break. Just hours before it restarted, Ms Peggie was cleared of all four gross misconduct allegations following a separate internal disciplinary hearing.
The allegations included two patient care failures, "misgendering" Dr Upton, and her Christmas Eve encounter in the changing room.
The disciplinary panel insufficient evidence to support a finding of misconduct, concluding the 18-month internal process.
The health board's legal costs had reached £258,831.31 by June 30, 2025, and are expected to rise substantially.
While NHS Fife is liable for only the first £25,000 under the NHS Scotland Central Legal Office indemnity scheme, the full cost will ultimately be met by the taxpayer.
Just three days after the tribunal resumed, NHS Fife released a statement noting that staff involved had faced threats of "physical harm and sexual violence".
The health board's initial 1,700-word press release, addressing what it described as "misinformation" around the case, referenced the CEO of Sex Matters, Maya Forstater, who has already given evidence, and the group's chair, barrister Naomi Cunningham, who is leading Ms Peggie's case.
The next paragraph stated that while the case had attracted "significant and very polarised debate" on social media, "what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland".
Ms Peggie's barrister, Charlotte Elves, told the tribunal the board was suggesting Sex Matters' involvement had resulted in "worrying behaviour."
"It is a matter of some concern that a party to proceedings seems to link a witness in these proceedings with the conduct of members of the public, including threats of physical violence," she added.
The statement was later amended to say that "NHS Fife was not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above".
It was then edited again to remove mention of Ms Cunningham and Ms Forstater.
By last Monday, all reference to Sex Matters had been wiped.
Ms Peggie's lawyers have asked Fife Health Board to "confirm the names of those individuals who signed off the statement".
Speaking to The Herald on Sunday, Ms Mochan said she had serious concerns about the way the case had been handled.
"The case is ongoing and we should let that play out," she said. "But I think it is clear that NHS Fife have let this get out of control and that certain individuals did not treat Ms Peggie with the respect she and all NHS staff deserve."
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Ms Mochan also criticised the Scottish Government's response.
"From the offset it was one of trying to evade responsibility," she said. "As the case has gone on, they have failed to recognise the very clear injustice that has taken place.
"We have seen with the [Gender Recognition Reform] Bill that the SNP seem incapable of approaching this issue in a common sense way, and I think the First Minister needs to review the Government's approach because it is looking increasingly ideological rather than guided by the best interests of the people of Scotland."
Ms Mochan said public bodies needed to be absolutely clear on what the law now requires following April's Supreme Court ruling that sex in the Equality Act refers to biological sex.
"We have clear judgments now from the Supreme Court and in other cases as to the correct approach. All public bodies must adhere to this and ensure that all staff who are enforcing rules and regulations are absolutely clear about what they are. I have seen far too many complaints from across Scotland that such rules are being interpreted in drastically different ways — that should never be the case."
She said she wanted the board to explain how it planned to ensure such a situation could not happen again.
"I would like to see very clear proposals about how they will ensure this does not happen again and what consequences there will be for anyone found to have overstepped their responsibilities," she said.
"To the general public, it appears that some may have pursued a vendetta against Ms Peggie — and as a staunch trade unionist I find that intolerable."
Both John Swinney and his Health Secretary Neil Gray have insisted they have full confidence in NHS Fife.
Ms Mochan said the health board pursued a vendetta against Ms Peggie
Ms Mochan's Labour colleague, Fife MSP Claire Baker, has called for an inquiry into the health board's handling of the tribunal and has written to Mr Gray to ask him to launch a probe.
The Courier reported that Ms Baker told The Fist Minister and Mr Gray that it is becoming "increasingly evident" there should be "robust scrutiny" of NHS Fife's senior management decision-making and the culture inside the health board.
A Scottish Government spokeswoman said ministers have been clear they have confidence in the board, but added: "It would be inappropriate to comment further while judicial proceedings in an employment tribunal are ongoing."
Asked if the Health, Social Care and Sport Committee could examine the case, Ms Mochan replied: "I agree with my colleague Claire Baker that there should be an inquiry into what went on, and as such it would be perfectly reasonable for the committee to also look into it."
Last week, JK Rowling described Ms Peggie as a "heroine" and said NHS Fife had treated the nurse "abominably."
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