24-07-2025
NHS Fife wanted to 'punish' veteran nurse Sandie Peggie over trans medic row, tribunal is told
The pursuit of a nurse who challenged a trans doctor for being in the woman's changing room was 'controlled from the very top' to punish her for objecting, a tribunal has heard.
Sandie Peggie has sued NHS Fife and male-born medic Dr Beth Upton after being suspended from work for challenging the doctor's use of the room.
The embattled health board was accused of punishing the 51-year-old nurse for the 'heresy' of the 'refusal to accept or pretend that Dr Upton is a woman'.
During another extraordinary day of evidence it emerged the investigator looking into Ms Peggie had a private meeting with Dr Upton, 30, to adjust notes from an interview.
And the lawyers involved became embroiled in a row about pronouns, with the NHS Fife KC Jane Russell demanding the nurse's lawyer stop referring to Dr Upton as a man.
It led to barrister Naomi Cunningham firing back, telling the tribunal Ms Russell had been 'indulged in repeated futile objections to my use of correct sex pronouns for Dr Upton'.
Ms Peggie has taken NHS Fife and Dr Upton to an employment tribunal and has claimed her treatment has broken the Equality Act.
It follows an incident on Christmas Eve 2023 when she challenged Dr Upton in the women-only changing room at Victoria Hospital, Kirkcaldy, for which she was subsequently suspended and investigated for.
Ms Peggie, a nurse of 30 year's experience, last week was cleared of gross misconduct with NHS Fife finding 'insufficient evidence'.
Angela Glancy, a clinical nurse manager, led an investigation into allegations against the nurse and became involved in the case in late February 2024.
Ms Cunningham heighted a note from early January 2024 which was forwarded to Norma Beveridge, the director of nursing, which the senior boss said it was a 'very serious allegation with the potential for significant reputational damage'.
In her cross-examination, Ms Cunningham said: 'The truth is this process was controlled from the very top, isn't it.
'Sandie always had to be put through this process and punished for her offence of standing up to a man who wanted to use the women's changing room?'
The witness, who has worked for NHS Fife for 27 years, rejected the claim, and told the lawyer: 'I don't agree with that.'
The hearing, in Dundee, was told that Dr Upton was offered a meeting after querying the notes made during an investigation interview.
Ms Cunningham asked if it was 'normal practice' to 'meet up privately with the witness in order to agree adjustments to the notes', and was told by Ms Glancy that it had been 'the first time it has been asked of me'.
Ms Glancy said most of the changes were grammar changes, and there was not 'anything in the body of the notes that were changed that I disagreed with'.
During in the hearing Ms Glancy referred to Dr Upton as 'he', before changing it to 'she', prompting the intervention of the NHS Fife KC who said she had a concern at Ms Cunningham's 'persistent misgendering' which was 'discombobulating' the witness.
Ms Russell, who said NHS Fife were 'not used to Dr Upton being referred to with the pronouns he/him' asked the judge to note her concerns and asked Ms Cunningham to 'reflect on her language'.
Ms Cunningham promptly declined the invitation, and continued to refer to Dr Upton with the 'he/him' pronouns.
The witness disagreed with Ms Cunningham when she asked: 'The reason Sandie had to be punished, through this whole process, was she was guilty of the exact same heresy in the eyes of the board to which Ms Russell, no doubt on the instructions of the board, has taken repeated exception in the course of this hearing, namely the refusal to accept or pretend that Dr Upton is a woman.'
Also during the hearing the two sides butted heads, with Ms Cunningham telling the tribunal judge that at no point had she 'impugned Ms Russell's character or professionalism, but unfortunately the converse is not true'.
Ms Russell said the concerns she had raised were about the fairness of proceedings, and added: 'My concerns have been raised appropriately and professionally in public and in private at all times.'
The tribunal continues.
