Latest news with #GillianMalone
Telegraph
17-07-2025
- Health
- Telegraph
Nurse asked trans doctor using women's lavatories ‘what genes they had'
A nurse who confronted a transgender doctor using a female changing room behaved in an 'unacceptable way' because she asked 'what genes' the medic had, an employment tribunal has been told. Gillian Malone, the head of nursing of NHS Fife's medical directorate, said Sandie Peggie should have raised her concerns in a different way as 'it sounded like a really unpleasant conversation'. Pressed on what was unacceptable about Ms Peggie's conduct, she said the nurse should not have asked Dr Beth Upton 'what genes did she have.' Ms Malone argued that the nurse commenting on the chromosomes of Dr Upton, who was born male but identifies as female, constituted 'harassment'. She also criticised an alleged reference made by Ms Peggie to Isla Bryson, a transgender rapist, during the confrontation on Dec 23, 2023, at Victoria Hospital in Kirkcaldy. Ms Malone admitted she could not recall seeing a risk assessment that led to the suspension of Ms Peggie. She was also forced to deny there was a concerted effort to prevent Ms Peggie joining forces with colleagues who shared her opposition to Dr Upton using the female changing room. The tribunal heard that Ms Peggie was warned to keep an internal investigation into the matter to herself after NHS Fife was contacted by the media. However, Dr Kate Searle, who is Dr Upton's line manager, had emailed more than 20 consultants on Dec 29 2023, setting out the trans medic's version of events. Naomi Cunningham, Ms Peggie's lawyer, said this meant that the 'integrity and confidentiality' of the investigation had already been 'hopelessly lost' and Ms Malone agreed it should not have been handled in that way. The row centres on an encounter between Ms Peggie and Dr Upton on Dec 24, 2023. The nurse experienced a sudden and heavy period and feared that it had bled through to her scrubs. The nurse entered the female hospital changing room to find Dr Upton and challenged the medic's presence. Within hours, a bullying complaint was lodged by Dr Upton. In May last year Ms Peggie submitted a formal claim to an employment tribunal against NHS Fife and Dr Upton for sexual harassment, belief discrimination and victimisation. The nurse complained of being required to share a single-sex space with someone she believed to be male and being victimised for holding a gender-critical belief that biological sex is immutable. Dr Upton gave evidence during the first part of the tribunal, in February, and claimed to be 'biologically female'. However, it was not possible for the doctor to have held a gender recognition certificate in Dec 2023, meaning the medic was legally male. It emerged on Wednesday this week, only hours before the tribunal resumed, that Ms Peggie had been cleared of gross misconduct by an NHS Fife disciplinary hearing. However, the health board has so far ignored calls to stop contesting the tribunal, which is scheduled to continue for a further nine days. Referring to the changing room incident, Ms Malone told Ms Cunningham that it was 'unacceptable for any colleague to confront another in that manner'. She said that the nurse 'could have raised the matter but not as a confrontation' and suggested that she should instead have spoken to her line manager. 'A terrible incident' Pressed what was unacceptable about Mr Peggie's conduct, Ms Malone said: 'Asking Dr Upton what genes did she have, how they came to be in the changing room at the same time together. 'It sounded like a really unpleasant conversation...a terrible incident.' Ms Malone, told the tribunal she received a report on the internal NHS Datix system on January 3, 2024 about the changing room incident. She said: 'At this time they were allegations, I did believe there was behaviour in there which could constitute bullying and harassment which were of concern and could require investigation.' But Ms Cunningham suggested the reason Ms Peggie was suspended was 'because she had told Dr Upton she wasn't happy about him using the women's changing room'. Ms Malone said: 'The justification for suspension was based on a risk assessment which wasn't undertaken by me.' However, Ms Cunningham added: 'I'm suggesting that by challenging Dr Upton's presence in the changing room she was complaining he was harassing her; it was her rejection of that harassment which gave rise also to the disciplinary and suspension, it was her refusal to tolerate what he was doing.' Challenged directly by the barrister, Ms Malone said: 'I don't believe Dr Upton sexually harassed Ms Peggie. I believe it was unacceptable behaviours, unprofessional behaviours which warranted investigation.' NHS guidance at the time said that trans men and women were allowed to use the changing rooms that aligned with their gender identity. But the guidance is being reviewed after the Supreme Court ruled in a separate landmark case in April that access to female-only areas should be based on biological sex. The tribunal continues.
The Independent
17-07-2025
- Health
- The Independent
Hospital was advised trans doctor could use female facilities, tribunal told
The head of nursing at NHS Fife says the department 'took guidance' when it decided to continue allowing a transgender medic to use a female changing room, despite a complaint from a nurse's solicitor. Gillian Malone told an employment tribunal she perceived that allegations about nurse Sandie Peggie confronting transgender medic Dr Beth Upton were 'unacceptable'. Ms Peggie was suspended after she complained about having to share a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy, Fife – where they both worked – on Christmas Eve 2023. She was placed on special leave and then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. 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. At the tribunal on Thursday, Ms Malone said it was her responsibility to 'speak up' on issues around female nurses sharing a changing room with a transgender doctor, and said the 'department took guidance' when refusing to meet a request made by Ms Peggie's solicitor. Service manager Lottie Myles sent an email to Ms Malone on March 7, 2024 following a meeting with Ms Peggie where she asked why Dr Upton could not be moved or asked to change elsewhere. Despite Ms Peggie asking through her solicitor that when she returned to work she 'could be assured of a single-sex space to change in', the board did not act, the tribunal heard. Ms Malone said: 'The department took guidance from the equality and human rights lead, and that wouldn't be what we would do. 'We took guidance that Beth could continue using the female changing facility.' Cross-examining, barrister Naomi Cunningham said: 'The result of refusing to give her that guarantee of no men in female changing room would be that Sandie couldn't return to work safe in the knowledge that when she got dressed in the women's changing room, there would be no men there.' Ms Malone said: 'We took advice and the guidance at the time was that Beth could use the female changing facility.' The tribunal heard that on March 8, Ms Malone sent an email to HR worker Melanie Jorgensen and others that a 'further risk assessment is supported for returning SP to the workplace'. Ms Cunningham said: 'It had already been established at end of December that there was no shift overlap between the claimant and Dr Upton in January so there was no need to keep them apart. That had already been established by January 3 when the suspension was put in place.' Ms Malone said: 'I can't recall.' Ms Cunningham said: 'What seems to have happened is that the risk assessment has been done after a decision to continue suspension.' She said confidentiality had been 'hopelessly lost' on December 29, 2023 when Dr Kate Searle sent an email to all consultants in the emergency department with Dr Upton's version of events, and again on January 12, 2024 when Dr Searle emailed about the incident – including Ms Peggie, Dr Upton and potential witnesses. Ms Malone said: 'I don't think she [Kate Searle] should have done that.' However on July 3, after press reports, Ms Peggie was given a reminder about confidentiality – which Ms Cunningham said was to 'silence her', and referred to emails exchanged on March 7 between Ms Malone and Ms Myles, which referred to 'misgendering' and the 'risk' of Ms Peggie 'using he/him which may cause unrest in the wider NHS team', the tribunal heard. Ms Cunningham said: 'That tends to underline that the damage limitation is about preventing unrest in the workplace due to Sandie Peggie's use of correct sex pronouns for Dr Upton.' She said 'prohibiting the subject matter' was primarily about 'preventing her ability to organise with others who shared her concerns', and to 'prevent her expressing gender-critical belief'. Ms Malone said: 'I don't agree.' During re-examination by counsel for NHS Fife Jane Russell KC, Ms Malone was asked if she believed commenting on chromosomes was 'gender-critical belief'. She said: 'No I do not. I think it's an unwanted comment.' Ms Russell asked if based on her knowledge of the allegations on Christmas Eve, she believed Dr Upton had sexually harassed Ms Peggie. The witness said: 'No I don't believe Dr Upton sexually harassed Ms Peggie. I believe it was unacceptable behaviours, unprofessional behaviours which warranted investigation.' The tribunal continues.
The Independent
17-07-2025
- Health
- The Independent
Head of nursing ‘can't recall' risk assessment behind Sandie Peggie's suspension
The head of nursing at NHS Fife has told an employment tribunal she cannot recall seeing a risk assessment which led to the suspension of nurse Sandie Peggie. Gillian Malone said she perceived that allegations about Ms Peggie confronting transgender medic Dr Beth Upton were 'unacceptable'. Ms Peggie was suspended after she complained about having to share a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy, Fife – where they both worked – on Christmas Eve 2023. She was placed on special leave and then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. 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. On Thursday, Ms Malone, told the tribunal she perceived a Datix report from January 3, 2024 regarding a conflict on Christmas Eve to be 'a discriminatory allegation'. She said she had no role in the investigation, that she had never met Ms Peggie, and had no awareness of 'tension' between either the nurse or Dr Upton. But she said she was aware of the nurse's concerns due to an email from August 2023. Ms Malone told the tribunal the decision to suspend Ms Peggie was made following a risk assessment carried out by Esther Davidson, the nurse's line manager, however when asked if she had seen the risk assessment, she said: 'I can't recall.' Giving evidence, she said: 'When I read content of Datix I thought the comments were concerning. 'At this time they were allegations, I did believe there was behaviour in there which could constitute bullying and harassment which were of concern and could require investigation.' She added: 'Within original Datix there is a comment that there has been other work-related incidents.' During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Ms Malone – the most senior staff member to appear at the tribunal – said she agrees there are two biological sexes and that sex is a 'medically salient fact'. Ms Cunningham read from an email sent by an HR worker, which said: 'We discussed suspension being last resort and options to mitigate risk… 'Esther felt it would be almost impossible to keep them apart so spoke to Gillian Malone… she believes there is a patient safety issue due to seriousness of the allegation and therefore wishes to suspend.' Ms Cunningham said: 'It looks as though you were essentially behind the decision to suspend.' Ms Malone said: 'It was Esther who completed the risk assessment.' She was also asked about an email titled 'Formal Complaint' sent by Dr Upton on June 11. Ms Cunningham then suggested the reason Ms Peggie was suspended was 'because she had told Dr Upton she wasn't happy about him using the women's changing room'. Ms Cunningham said: 'That is the first documentary trace shown to the tribunal of the document 'Formal Complaint' which contains earlier incidents, being passed on to anyone from hospital management at all. Do you say that document was already in the hands of somebody, either as a printed out statement or sent as an email, before June 11?' Ms Malone said: 'I'm not aware of that.' Ms Cunningham said: 'Do you agree that if the tribunal finds that the reason for suspension was about the incident on Christmas Eve and wasn't about the prior allegations relating to patient care, that wasn't sufficient justification for suspension?' Ms Malone said: 'The justification for suspension was based on a risk assessment which wasn't undertaken by me.' Asked to identify what she perceived to be most unacceptable in the allegations made by Dr Upton, Ms Malone replied: 'I find it unacceptable that any colleague would confront another colleague in the manner described.' She added that Ms Peggie should have raised concerns through her line manager rather than 'face-to-face on Christmas Eve'. Ms Cunningham said: 'If the tribunal finds that the claimant didn't ask about his genes, would you say otherwise that was a point she was entitled to make, that he shouldn't be there? If she said to Dr Upton 'I don't think you should be here because you're a man', even if she didn't say anything about chromosomes?' Ms Malone said: 'I think that was already raised back in August, I wouldn't have expected that to be face-to-face on Christmas Eve.' Ms Cunningham added: 'I'm suggesting that by challenging Dr Upton's presence in the changing room she was complaining he was harassing her; it was her rejection of that harassment which gave rise also to the disciplinary and suspension, it was her refusal to tolerate what he was doing.' Ms Malone said: 'It was the manner in which she raised it.' The tribunal continues.
Sky News
17-07-2025
- Health
- Sky News
Head of nursing at NHS Fife 'can't recall' risk assessment behind Sandie Peggie's suspension
The head of nursing at NHS Fife has told an employment tribunal she "can't recall" seeing a risk assessment which led to the suspension of Sandie Peggie. Gillian Malone said she perceived that allegations about the nurse confronting transgender medic Dr Beth Upton were "unacceptable". Ms Peggie was suspended after she objected to sharing a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy on Christmas Eve 2023. The nurse was placed on special leave and then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about "patient care". Ms Peggie has lodged a claim against the health board and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination and victimisation. On Thursday, Ms Malone, told the tribunal she perceived a Datix report from 3 January 2024 regarding a conflict on Christmas Eve to be "a discriminatory allegation". Datix is an online system for NHS staff to report any incidents and risks. She said she had no role in the investigation, that she had never met Ms Peggie, and had no awareness of "tension" between either the nurse or Dr Upton. However, she said she was aware of the nurse's concerns due to an email from August 2023. Ms Malone said the decision to suspend Ms Peggie was made following a risk assessment carried out by Esther Davidson, the nurse's line manager, however when asked if she had seen the risk assessment, she replied: "I can't recall." She added: "When I read content of Datix I thought the comments were concerning. "At this time they were allegations, I did believe there was behaviour in there which could constitute bullying and harassment which were of concern and could require investigation." Ms Malone said within the original Datix, there had been a comment saying there had been "other work-related incidents". During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Ms Malone agreed there are two biological sexes and that sex is a "medically salient fact". Ms Cunningham read from an email sent by an HR worker, which implied Ms Malone was "essentially behind the decision to suspend". Ms Malone replied: "It was Esther who completed the risk assessment." She was also asked about an email titled "formal complaint" later sent by Dr Upton on 11 June 2024. Ms Cunningham suggested the reason Ms Peggie was suspended was "because she had told Dr Upton she wasn't happy about him using the women's changing room". She said: "Do you agree that if the tribunal finds that the reason for suspension was about the incident on Christmas Eve and wasn't about the prior allegations relating to patient care, that wasn't sufficient justification for suspension?" Ms Malone replied: "The justification for suspension was based on a risk assessment which wasn't undertaken by me." Asked to identify what she perceived to be most unacceptable in the allegations made by Dr Upton, Ms Malone stated: "I find it unacceptable that any colleague would confront another colleague in the manner described." She added that Ms Peggie should have raised concerns through her line manager rather than "face-to-face on Christmas Eve". Ms Cunningham said: "I'm suggesting that by challenging Dr Upton's presence in the changing room she was complaining he was harassing her; it was her rejection of that harassment which gave rise also to the disciplinary and suspension, it was her refusal to tolerate what he was doing."
Daily Mail
17-07-2025
- Health
- Daily Mail
Nursing chief 'can't recall' seeing risk assessment that led to suspension of nurse who had complained about trans doctor using female changing room
The head of nursing at NHS Fife has told an employment tribunal she cannot recall seeing a risk assessment which led to the suspension of nurse Sandie Peggie. Gillian Malone said she perceived that allegations about Ms Peggie confronting transgender medic Dr Beth Upton were 'unacceptable'. Ms Peggie was suspended after she complained about having to share a changing room with Dr Upton at the Victoria Hospital in Kirkcaldy, Fife - where they both worked - on Christmas Eve 2023. She was placed on special leave and then suspended after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. 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. On Thursday, Ms Malone, told the tribunal she perceived a Datix report from January 3, 2024 regarding a conflict on Christmas Eve to be 'a discriminatory allegation'. She said she had no role in the investigation, that she had never met Ms Peggie, and had no awareness of 'tension' between either the nurse or Dr Upton. But she said she was aware of the nurse's concerns due to an email from August 2023. Ms Malone told the tribunal the decision to suspend Ms Peggie was made following a risk assessment carried out by Esther Davidson, the nurse's line manager, however when asked if she had seen the risk assessment, she said: 'I can't recall.' Giving evidence, she said: 'When I read content of Datix I thought the comments were concerning. 'At this time they were allegations, I did believe there was behaviour in there which could constitute bullying and harassment which were of concern and could require investigation.' She added: 'Within original Datix there is a comment that there has been other work-related incidents.' During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Ms Malone - the most senior staff member to appear at the tribunal - said she agrees there are two biological sexes and that sex is a 'medically salient fact'. Ms Cunningham read from an email sent by an HR worker, which said: 'We discussed suspension being last resort and options to mitigate risk... 'Esther felt it would be almost impossible to keep them apart so spoke to Gillian Malone... she believes there is a patient safety issue due to seriousness of the allegation and therefore wishes to suspend.' Ms Cunningham said: 'It looks as though you were essentially behind the decision to suspend.' Ms Malone said: 'It was Esther who completed the risk assessment.' She was also asked about an email titled 'Formal Complaint' sent by Dr Upton on June 11. Ms Cunningham then suggested the reason Ms Peggie was suspended was 'because she had told Dr Upton she wasn't happy about him using the women's changing room'. Ms Cunningham said: 'That is the first documentary trace shown to the tribunal of the document 'Formal Complaint' which contains earlier incidents, being passed on to anyone from hospital management at all. Do you say that document was already in the hands of somebody, either as a printed out statement or sent as an email, before June 11?' Ms Malone said: 'I'm not aware of that.' Ms Cunningham said: 'Do you agree that if the tribunal finds that the reason for suspension was about the incident on Christmas Eve and wasn't about the prior allegations relating to patient care, that wasn't sufficient justification for suspension?' Ms Malone said: 'The justification for suspension was based on a risk assessment which wasn't undertaken by me.' Asked to identify what she perceived to be most unacceptable in the allegations made by Dr Upton, Ms Malone replied: 'I find it unacceptable that any colleague would confront another colleague in the manner described.' She added that Ms Peggie should have raised concerns through her line manager rather than 'face-to-face on Christmas Eve'. Ms Cunningham said: 'If the tribunal finds that the claimant didn't ask about his genes, would you say otherwise that was a point she was entitled to make, that he shouldn't be there? If she said to Dr Upton 'I don't think you should be here because you're a man', even if she didn't say anything about chromosomes?' Ms Malone said: 'I think that was already raised back in August, I wouldn't have expected that to be face-to-face on Christmas Eve.' Ms Cunningham added: 'I'm suggesting that by challenging Dr Upton's presence in the changing room she was complaining he was harassing her; it was her rejection of that harassment which gave rise also to the disciplinary and suspension, it was her refusal to tolerate what he was doing.' Ms Malone said: 'It was the manner in which she raised it.'
