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How Sandie Peggie-NHS Fife case is writing the obituary of gender identity politics in Scotland
How Sandie Peggie-NHS Fife case is writing the obituary of gender identity politics in Scotland

Scotsman

time3 days ago

  • Health
  • Scotsman

How Sandie Peggie-NHS Fife case is writing the obituary of gender identity politics in Scotland

Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Are we witnessing the slow death of the absurd ideology that has dominated our public discourse for the last decade, helping to bring down two First Ministers and which saw a male rapist briefly housed in a women's prison? Frankly, I believe we are. Earlier this week, an NHS equality and human rights officer, a woman with a degree in immunology, claimed under oath that she did not know her own sex. As the words stumbled from Isla Bumba's mouth, you could almost hear the country respond: 'Don't be daft, your chromosomes are XX which makes you a woman. What did they teach you at that university?' Advertisement Hide Ad Advertisement Hide Ad Bumba, who also has a postgraduate degree in public health, became the object of ridicule while giving evidence at nurse Sandie Peggie's employment tribunal earlier this week. Her role, as set out in the 2022 job advert, was to give NHS Fife advice on the interpretation of and compliance with the Equality Act 2010. READ MORE: Why trans activists who hound their work colleagues could cost employers dear Sandie Peggie smiles as her solicitor Margaret Gribbon, left, reveals the NHS Fife nurse had been cleared of gross misconduct following disciplinary proceedings (Picture: Jeff J Mitchell) | Getty Images Believing in fairy tales Unfortunately for Peggie, who was suspended last year for daring to object to a male-born doctor using female changing rooms, Bumba based her guidance, not on the law of the land, as clarified by the Supreme Court earlier this year, but on the theory of gender identity. This proposition, which claims that humans can change their sex at will and that we all have an inner 'gender identity', has infected Scotland's public realm for a decade or more. When transgender campaigners – paid for by the public purse – came up with their cunning plan in 2014 to persuade the Scottish Prison Service to include trans-identified male offenders in the women's estate, Bumba was only 18. During her early adult years, gender identity was embedded in public services, as well as in universities, charities, the arts and culture. Advertisement Hide Ad Advertisement Hide Ad Little wonder then that she grew up believing in fairy tales. Her understanding of human physiology is based, not on her science degree, but on the same misinformation that led my ten-year-old granddaughter to assert 'men can have babies too granny, if they are trans'. While NHS Fife's Equality and Human Rights Isla Bumba 'hazarded a guess' that she was female, she stressed 'no one knows what their chromosomes are' until they are tested (Picture: Jeff J Mitchell) | Getty Images Sturgeon's zeal for gender identity The poster girl for the cult – because that is what it became – was Nicola Sturgeon. The politician who in 2000 had dragged her feet over the repeal of Section 2A, the law that banned the promotion of homosexuality in schools, emerged diva-like after the independence referendum as the champion of all things queer. 'Trans women are women,' she insisted, even as Adam Graham (aka Isla Bryson), a man in a cheap blonde wig, was found guilty of rape. Sturgeon was not alone in her zeal for gender identity. Whether because of internal party pressure, a desire to maintain their status within Scotland's narrow but powerful civic elite, or sheer stupidity, we will never know, the majority of Scotland's political class went along with the charade – with the notable exception of the Scottish Conservatives and a few determined women like Alba MSP Ash Regan, Labour's Claire Baker and Carol Mochan, and SNP MSP Michelle Thompson. Advertisement Hide Ad Advertisement Hide Ad Regan became one of the leading figures of a grassroots movement that grew up in support of women's rights, along with her erstwhile SNP colleagues Joanna Cherry and Joan McAlpine and Labour's Johann Lamont. The movement now encompasses one of the most famous women in the world, author and philanthropist JK Rowling, as well as an army of anonymous women sewing banners, writing emails and mastering equality law at their kitchen table. Sturgeon did her best to undermine them, sneering that their views were 'not valid', but reality has a way of asserting itself, even in in the face of petty authoritarianism. Slowly but surely, the empress's new clothes were stripped away and then she was gone. The penny drops That landmark Supreme Court judgment, which ruled that For Women Scotland was right to argue that the legal definition of 'woman' in the Equality Act 2010 is based on biological sex, was the single most important moment in the campaign to re-assert women's rights. It will force the Scottish Government, and bodies such as NHS Scotland and the Scottish Prison Service, to unpick the tapestry of transgender guidance and diktats that have been firmly sewn into the fabric of our public life. Advertisement Hide Ad Advertisement Hide Ad The surreal utterings of NHS Fife's equality and human rights officer are another milestone in the myth's destruction. Bumba's public assertion that she could only hazard a guess that she is female and 'no one knows' their chromosomes unless they had undergone tests must surely be the moment when the penny dropped for everyone – including, I imagine, John Swinney and Labour leader Anas Sarwar. The First Minister may well insist that NHS Fife has his full backing, but I will be shocked if the SNP's 2026 manifesto contains a promise to amend gender laws, as the last one did. With less than a year to the Holyrood elections, Swinney will calculate that public opinion is now firmly on the side of biology, and while the majority are content to live and let live, most people do not believe that a man who says he is a woman has changed his sex. Nor will Sarwar sacrifice his slim electoral chances on the altar of gender ideology. I hazard a guess that he has always known exactly what his chromosomes are, and that he now realises the electorate know theirs too. Sturgeon had a ball for a few years, revelling in the adulation of the LGBTQI+ community. But while she and her allies boasted of their progressiveness, children were being harmed, families broken, women hounded. Advertisement Hide Ad Advertisement Hide Ad

NHS diversity officer: I don't know my own sex
NHS diversity officer: I don't know my own sex

Spectator

time5 days ago

  • Health
  • Spectator

NHS diversity officer: I don't know my own sex

The Sandie Peggie case against NHS Fife is only getting stranger. The tribunal resumed on Wednesday morning, after first being heard in February after nurse Peggie lodged a complaint of harassment related to a protected belief under the 2010 Equality Act after being suspended for complaining about sharing a changing room with a transgender doctor. Just weeks after the case adjourned, the Supreme Court backed the biological definition of a woman – and just this week Peggie's lawyer announced NHS Fife had cleared Peggie of all gross misconduct allegations. Now those present have witnessed another baffling twist –the senior diversity officer who gave advice that allowed a transgender medic into a women's changing room has claimed that she, er, doesn't know her own sex. You couldn't make it up… The equalities and human rights lead at NHS Fife, Isla Bumba told the tribunal that while she was able to 'hazard a guess I would be female', she insisted 'no one knows' their chromosomes or hormonal composition unless they had undergone medical testing. Er, right. Bumba went on to say that she had given 'generalised' advice in 2023 that led to Dr Beth Upton, a transwoman, being allowed to access female changing facilities at the Kirkcaldy hospital where Peggie worked. The long-time nurse confronted Dr Upton the third time she came across the medic in the changing room, on Christmas Eve in 2023 – before being suspended after Upton reported Peggie for a 'hate incident'. Bumba added that while the health board did not have a formal policy on trans changing rooms, it had informally used national guidelines – prompting claims the Scottish health service had commenced a 'secret' trans policy. NHS Fife has come under increasing scrutiny throughout this case, with Scotland's information commissioner ruling that the health board had failed to comply with Freedom of Information requests regarding the cost of the case. It has since been revealed that NHS Fife has spent a whopping £220,000 defending itself thus far. First Minister John Swinney has said he has confidence in the health board – but since nurse Peggie was acquitted in the internal disciplinary process, health service bosses have come under pressure to concede the case. Will they now bow out? Watch this space…

Sandie Peggie tribunal: NHS pulled trans policy in February
Sandie Peggie tribunal: NHS pulled trans policy in February

The Herald Scotland

time6 days ago

  • Health
  • 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.

What we learned from Sandie Peggie employment tribunal
What we learned from Sandie Peggie employment tribunal

The Herald Scotland

time6 days ago

  • Health
  • The Herald Scotland

What we learned from Sandie Peggie employment tribunal

In her capacity, she advised that Dr Beth Upton had a 'right' to use the female changing rooms because the medic 'identifies as a woman'. 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. Read more: 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.

NHS Fife equality lead sought guidance on trans staff policies, tribunal told
NHS Fife equality lead sought guidance on trans staff policies, tribunal told

North Wales Chronicle

time6 days ago

  • Health
  • North Wales Chronicle

NHS Fife equality lead sought guidance on trans staff policies, tribunal told

Nurse Sandie Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3, 2024 after she complained about having to share a changing room with trans medic Dr Beth Upton. After Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care', Ms Peggie was suspended but was notified of safety allegations on March 28, 2024 in a letter, the tribunal heard earlier this year. Ms Peggie has lodged a claim against Fife health board and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination and victimisation. The tribunal in Dundee resumed on Wednesday after previous hearings in February, and comes 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. Isla Bumba, NHS Fife's equality and human rights lead officer, told the tribunal on Wednesday she researched the policies of other health boards as there was no regional policy in place regarding trans employees in 2023. Questioned by NHS Fife's counsel Jane Russell KC, Ms Bumba said that in August 2023, her line manager Esther Davidson had sought advice on transgender policies. Ms Bumba said: 'Esther called me, I believe she had called me to ask for very generic and informal advice. I was told they had a transgender staff member who was due to join the workforce, she was seeking advice on how best to accommodate them particularly around changing rooms.' She added: '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 looked at policies from NHS Lanarkshire and NHS Highland, and was regularly communicating with peers in her role as part of the NHS Scotland Equality Leads Network, and she was also working on a draft patient policy. Ms Russell read from the NHS Highland policy which said: 'Staff must be treated in accordance with self-declared gender regardless of whether under medical supervision or having gender recognition certificate.' Ms Bumba said the policy 'exactly' aligned with her understanding, and at the time, a national policy Once For Scotland from NHS Scotland was being worked on in draft form. She said she believed the national policy had been 'soft launched' before being withdrawn in February 2025 due to legal proceedings. Ms Bumba said she was providing advice on trans issues 'relatively frequently… at least once a month or every couple of weeks', and she believed Dr Upton was not the only transgender employee at NHS Fife. Ms Bumba said she was contacted by Dr Upton's line manager, Dr Kate Searle, on December 8 2023, and referred to the draft national policy. Ms Bumba went on annual leave between December 24 that year until January 3 2024, when she said she became aware of a conflict between a doctor and a nurse. She told the tribunal she read a Datix report titled 'hate incident' and read an email from Dr Searle on January 8, and offered to have a chat 'to see what the plan was moving forward'. However she said this meeting did not happen as it was 'chaotic', and Dr Searle was off the following day. She said she had previously advised two line managers to speak to HR but believed they had already done so in her absence. Ms Bumba said: 'I believe the advice I gave was that from the information I'd been given it sounded like a very unpleasant incident, it could be deemed discriminatory and I recommended they seek advice from HR. 'I believe the Datix was listed as a hate incident which would suggest the person who listed it believed it was discriminatory.' However she said she had no further involvement until July 2024 when a press report prompted a meeting. Ms Bumba said: 'I did remind the group that the nurse involved was entitled to her beliefs and that gender-critical beliefs were protected under the Equality Act, but that the NHS expects staff to behave with care and compassion.' She said the draft patient policy was put on hold and NHS Fife was 'hesitant' about the draft national policy, the tribunal heard. Ms Bumba said: 'I believe the soft launch has been pulled since the onset of this tribunal.' Hours before the tribunal was due to restart, Ms Peggie's solicitor Margaret Gribbon said the nurse had been cleared of gross misconduct allegations following a separate health board disciplinary hearing. The inquiry continues.

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