Latest news with #BethUpton
Daily Mail
28-05-2025
- Business
- Daily Mail
Health board blasted by information chiefs over refusal to disclose cost of trans row tribunal
A health board has been condemned by Scotland's information tsar for refusing to release details of costs associated with a high-profile employment tribunal over access to single-sex spaces. The Scottish Information Commissioner David Hamilton ruled that NHS Fife failed to comply with the law when it rejected requests for costs of the tribunal brought by nurse Sandie Peggie. He ordered it to carry out a further review of whether it can provide the information and issue a new response to the applicant by July 14. The tribunal related to NHS Fife accusing Ms Peggie of misconduct after she raised concerns about the presence of transgender doctor Beth Upton in a female changing room at the Victoria Hospital in Kirkcaldy. In its response to the requests for costs, NHS Fife stated that it had 'no indication of costs' when the information was requested in February. But Mr Hamilton's report said that NHS Fife had only approached the Central Legal Office (CLO), which provides legal advice to NHS Scotland, for the costs, and should have undertaken 'adequate and proportionate searches' itself to find out what information it had relevant to the request. The report said: 'The Authority does not appear to have undertaken any searches in response to the Applicants' requests. Instead, it chose to request this information from CLO. 'It may be the case that CLO held the most complete or up-to-date costs, but the Commissioner cannot, based on the submissions he has received, be satisfied that the Authority did not hold any information falling within the scope of the requests at the date it received them. 'Even allowing for whatever relevant arrangements it may have with the CLO, he cannot accept the Authority reaching a conclusion on what it holds, in the circumstances, wholly without recourse to its own records. 'The Commissioner is frustrated - a feeling no doubt shared by the Applicants - that the Authority's poor handling of these requests has placed him in a position where he is effectively limited to requiring it to carry out adequate, proportionate searches for the information requested, reach a decision on the basis of those searches, and notify the Applicants of the outcome. This unnecessary delay hampers the applicants with their information rights, and reflects poorly on the Authority.' In its decision note, the report said the Commissioner 'finds that the Authority failed to comply with part one of the Freedom of Information (Scotland) Act 2002' as it 'failed to satisfy the Commissioner that it does not hold any information relevant to the Applicants' requests'. It went on: 'The Commissioner therefore requires the Authority to carry out adequate, proportionate searches for the information, reach a decision on the basis of those searches and notify the Applicants (separately) of the outcome (all in terms of section 21 of FOISA), by Monday 14 July 2025.' If NHS Fife fails to comply with the decision, the issue could be referred to the Court of Session. Scottish Conservative equalities spokesman Tess White said: 'This is proof that a cynical culture of secrecy has taken hold at NHS Fife. 'Senior staff at the health board are clearly trying to hide the true costs incurred in defending the SNP's unlawful gender policy. This is taxpayers' money that could have gone to the NHS frontline. 'NHS Fife are taking the lead from an SNP government that's allergic to transparency. They know they are on the wrong side of this argument. 'The information commissioner has said he's frustrated by the health board's handling of the requests - and so are the public. The onus is on John Swinney to instruct public bodies to be transparent and provide single-sex spaces for women in line with the law.' A spokesman for NHS Fife said: 'NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice.'
Times
21-05-2025
- Health
- Times
Nurse in trans row donates crowdfunded money to charities
A nurse at the centre of a legal battle over changing rooms has donated tens of thousands of pounds raised for her by supporters to charities. Sandie Peggie was suspended by NHS Fife in January last year after she objected to having to change in front of a trans doctor, Beth Upton. A crowdfunding appeal launched by supporters during her tribunal attracted 2,288 donors from the UK and abroad, raising £38,555 in 42 days 'so she can treat herself to something she loves'. Peggie, who previously pledged to give the money to good causes, lost her father just before the tribunal hearings started and said the funds had gone to charities close to her heart. Peggie's daughter Nicole posted an update on X with photos
Telegraph
14-05-2025
- Health
- Telegraph
£10m compensation bill for NHS Fife embroiled in trans row
A Scottish health board - which has been embroiled in a landmark legal battle over a transgender employee's use of female changing rooms - has cost taxpayers over £10 million in compensation claims between 2019-20 and 2023-24. On Tuesday, figures obtained by the Scottish Conservatives through Freedom of Information requests revealed that health boards across Scotland have paid out £227 million in compensation over the past five years. NHS Fife, currently in the midst of a high profile court case against one of its own nurses whom it suspended after she complained about a transgender doctor in a female changing room, accounted for £10,262,670 of the total figure following 66 successful compensation claims. This is not the only instance of taxpayers having to foot a potentially avoidable bill for the actions of NHS Fife in recent years. Back in October, the trust sought to keep the tribunal proceedings involving nurse Sandie Peggie and transgender doctor Beth Upton secret. It applied for a Rule 50 Order, which would provide anonymity to the parties and impose other reporting restrictions on the case, against the wishes of Ms Peggie who is claiming she was subjected to harassment under the Equality Act 2010 by being made to share a changing room with Dr Upton, a biological man. NHS Fife lost the bid as the judge deemed it 'an important part of the open justice principle' for the evidence presented by the parties to be publicly scrutinised. How much did this failed attempt at secrecy at the behest of Dr Upton - whose lawyer is also representing his employer - cost NHS Fife? We cannot be sure because the trust has refused to disclose that information. Local press have estimated the cost to be around £200,000 with reputed policy analysts Murray Blackburn Mackenzie quoting this reported figure in their detailed analysis of the case. Sarah Phillimore, barrister and co-founder of the campaign group Fair Cop, tells me 'it's a massive waste of public money'. But NHS Fife's quest for secrecy continued and in April, this newspaper reported that the trust wanted to restrict 'virtual viewing' of the tribunal so that only journalists could watch it when it restarted in July, following the trust's alleged failure to disclose documents related to internal investigation into the matter which Ms Peggie's lawyers have termed to be 'extraordinarily negligent'. 'Absolutely appalling', is how Scottish Conservative MSP Roz McCall characterises the trust's behaviour throughout the whole episode, with repeated attempts at what critics see as resisting scrutiny. Instead, 'the money could be spent on frontline patient care'. 'The staggering level of compensation payouts has already left NHS Fife strapped for cash, and the huge amount of money that has been squandered on this case only adds insult to injury.' The historic Supreme Court ruling which was delivered in April that the terms 'woman' and 'sex' in the 2010 Equality Act referred to biological sex rather than acquired gender should now settle the matter, according to some including Ms Peggie. In her first public statement since the Supreme Court ruling, the veteran nurse called for NHS Fife to abandon its policy of 'permitting any man who identifies as a woman access to female-only single-sex spaces'. Campaigners such as Ms Philimore would support this view. Some legitimate concern might have previously existed around the interpretation of legislation around single-sex spaces 'but that's been cleared up' now by the Supreme Court, she tells me. But a host of Scottish health boards are reportedly trying to resist implementing the ruling, instead agreeing only to review and update their policies after the Equalities and Human Rights Commission issues a new code of practice in the summer. NHS Fife is amongst those trusts. Earlier in the week, a spokesman told the Telegraph, '[t]he Equality and Human Rights Commission have intimated that a new statutory code of practice and non-statutory guidance will be available in the summer. We will review this and any relevant updates to NHS Scotland workforce policies and guides as appropriate.' And so, despite a clear ruling from the highest court in the land, resolution seems to elude us on the matter of same-sex spaces. Meanwhile, taxpayers continue to pick up the ever-rising bills for compensation and ideological battles while the NHS - perpetually in crisis - struggles to focus its attention and resources on the one thing it is meant to - delivering healthcare.
The Herald Scotland
13-05-2025
- Health
- The Herald Scotland
Sandie Peggie welcomes Supreme Court judgment on biological sex
Ms Peggie, who has worked at the Victoria Hospital in Kirkcaldy for 30 years, was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked. Ms Peggie took the health board and Dr Beth Upton, centre, to a tribunal (Image: NQ) 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. Ms Peggie was suspended on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal in Dundee heard earlier this year. The tribunal has adjourned until July but the case prompted the Equality and Human Rights Commissioner to write to NHS Fife and the Scottish Government to remind them about workplace legislation around single-sex spaces – which Ms Peggie urged them to comply with, in a statement on Tuesday. READ MORE: Ms Peggie also publicly welcomed the UK Supreme Court judgment which in April made clear the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. She said that she 'expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only single-sex spaces in the workplace'. A statement issued via her solicitor Margaret Gribbon said that Ms Peggie was 'determined to continue with her legal claim in an effort to obtain accountability for the way she has been treated by Fife Health Board', and thanked the public, politicians and her lawyers. Ms Gribbon said: 'Sandie Peggie very much welcomes the recent Supreme Court's judgment that 'sex' in the Equality Act 2010 means biological sex. 'She salutes the courage and tenacity of For Women Scotland for doggedly pursuing this strategically important case and is extremely grateful to them for their support with her own legal case. Sandie Peggie (centre), 'continues to draw strength' from the support she receives from around the world, her solicitor said (Image: (Andrew Milligan/PA)) 'She continues to draw strength and inspiration from the overwhelming support she continues to get from the public in this country and around the world. 'She is determined to continue with her legal claim in an effort to obtain accountability for the way she has been treated by Fife Health Board, simply because she objected to sharing a female-only workplace changing room with a man. 'She now expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only single-sex spaces in the workplace. 'Sandie also wishes to place on record her gratitude to those elected members from across the political divide who have demonstrated their public support for her from the outset. 'She plans to visit the Scottish Parliament before her employment tribunal resumes in July and looks forward to meeting many of those politicians in person.'
Yahoo
03-05-2025
- Health
- Yahoo
NHS trust uses derogatory ‘terf' slur in official guidance
An NHS trust has come under fire for using the derogatory term 'terf' in a guide on how to support transgender staff. In documents drawn up by the North East London Foundation Trust (NELFT), the guidance uses the slur, which stands for 'transgender-exclusionary radical feminist', to describe women who do not want to share single-sex facilities with trans women. The document also claims that it is 'unlawful' to exclude trans women from women-only spaces around the hospital. It comes after the Supreme Court ruled the opposite two weeks ago, declaring that a woman is defined by biological sex under equality laws. It means those born male are not able to access a women-only space even if they have changed the gender they identify as, and provides clarity following high-profile disputes such as the case of the Dr Beth Upton, in which transgender NHS staff have used women's changing rooms or lavatories. After the use of the offensive term was flagged to the NHS by The Telegraph, officials warned the trust not to use 'derogatory or dismissive language', while the trust itself said its guidance was now under review. NELFT, which specialises in community and mental health, provides services to people in parts of north and east London as well as Essex and Kent. Its staff policy, obtained under Freedom of Information laws, is called 'supporting colleagues who identify as transgender, non-binary and other gender identities'. Within this document it refers to 'trans-exclusionary radical feminists', also known by the acronym 'terf', stating that this group 'may feel that trans inclusion is an infringement on their beliefs or values'. The term appeared on numerous placards during a protest by trans activists in central London against the Supreme Court ruling last week, with the Metropolitan Police reviewing death threats made against women. Signs included phrases such as 'the only good terf is a ---- one', alongside the image of a hangman's noose. Fiona, a women's rights campaigner, told The Telegraph the slur was used to silence and 'incite violence against' women. 'Given that the term terf has been used to dehumanise and silence women it is particularly egregious that this slur is used in the Equality Impact Assessment which is supposed to be the fair and balanced legal section required under the Public Services Duty in the Equality Act,' she said. In regards to the stance taken by NELFT against its female employees who do not want to share single-sex facilities with trans women, she said: '[The] Supreme Court has now confirmed that this was just not just a problematic feeling – it is and always was the law.' NELFT's staff guidance was authored by EDI managers and LGBTQ staff network leaders and signed off by two executives. It was published in the months after Maya Forstater, the co-founder of charity Sex Matters, won a landmark employment tribunal in 2021 that declared 'gender-critical beliefs' were protected and should be respected in a democracy. Helen Joyce, director of advocacy at the charity, said the NELFT's attitude towards women 'reflects the abysmal response from many NHS trusts to the Supreme Court judgment'. 'Terf is a term used by trans activists to demonise women who are working to restore and protect hard-fought rights to single-sex services and spaces,' she said. 'By the time this guidance was published, Forstater v CGD had already established that gender-critical views are legally protected, further illustrating the long-standing contempt for the law within the NHS.' The trust's guidance also makes claims 'some cisgender people have unlawful discriminatory views of trans people using single-sex spaces such as using gendered toilets'. Like other trusts in London, its single-sex accommodation policy for patients allows trans women to share wards and lavatories with women. It also has a 'gold award' from the controversial charity Stonewall for its 'commitment' to LGBTQ policies. It comes as a wing of the British Medical Association (BMA), the leading doctors' union, has been accused of 'destroying trust in medicine' and perpetuating 'medical misogyny' after some members condemned the Supreme Court's ruling. Its group of resident doctors – formerly junior doctors – passed a motion last week calling the verdict 'scientifically illiterate' and 'biologically nonsensical'. The motion is not yet BMA-wide policy but it is likely to be voted on at its annual meeting in June. Biology in Medicine, a group of doctors who campaign for patients to be treated according to their biological sex, said: 'Activists are destroying trust and integrity in our profession. The denial of the biological reality of sex by the BMA is the culmination of a few activists infiltrating key BMA committees and forums.' Dr Louise Irvine, the co-chairwoman of the Clinical Advisory Network on Sex and Gender, said: 'As a doctor, you need to know sex for accurate diagnoses. Sex matters for NHS service provision and single-sex wards. 'It is misogynistic to negate or ignore women's rights. Medical misogyny is a huge problem. The profession has a long, long history of misogyny. Now the BMA is making out that sex is a nebulous concept and category. 'If doctors don't understand sex then I don't think they should be doctors.' An NHS spokesman said: 'Organisations across the NHS are reviewing their policies and guidance to bring them in line with the Supreme Court judgment, and this will take some time. Guidance for staff should clearly not include derogatory or dismissive language, and trusts must take this into account as part of their reviews.' A Department for Health and Social Care spokesman said: 'Single-sex spaces are protected in law and will always be protected by this Government, and we expect Trusts to follow the clarity that the Supreme Court ruling provides.' A spokesman for NELFT said: 'We are reviewing the content of the guidance in light of the recent ruling, as well as the language used to ensure it is respectful and promotes inclusivity, and we will reissue once complete.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
