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Here's where the blame for NHS Fife-Sandie Peggie case really lies
Here's where the blame for NHS Fife-Sandie Peggie case really lies

Scotsman

time2 hours ago

  • Health
  • Scotsman

Here's where the blame for NHS Fife-Sandie Peggie case really lies

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... A million pounds is enough to train four doctors, hire 30 newly qualified nurses or buy an MRI scanner. That's how much the case of Sandie Peggie versus NHS Fife will eventually cost, not including any potential compensation, according to some estimates. NHS Fife has already spent £250,000 on legal fees alone. Ms Peggie took her employer to a tribunal after she was suspended for objecting to sharing a women's changing room with transgender doctor Beth Upton. But the truth is that Ms Peggie should never have been put in a position where she was forced to take NHS Fife to a tribunal in the first place. Advertisement Hide Ad Advertisement Hide Ad Imagine how much distress could have been avoided if the health board could have simply pointed to clear guidance setting out the Equality Act's exceptions for single-sex spaces, and offered practical alternatives that gave dignity to both. Supporters of nurse Sandie Peggie protest outside the employment tribunal hearings in Dundee (Picture: Lisa Ferguson) | National World Nurse cleared of wrongdoing Instead, the SNP government created a culture of uncertainty and ambiguity and issued guidance that was ahead of the law – leaving the health board to flounder in its response. Earlier this year, the Supreme Court ruling made clear the Equality Act's provisions must be respected. And last week, just before the tribunal resumed, NHS Fife formally cleared Ms Peggie of any wrongdoing. Advertisement Hide Ad Advertisement Hide Ad Both of these were opportunities to settle the case. So why is NHS Fife persisting with an expensive, time-consuming tribunal rather than sparing themselves further embarrassment? Why, when it released a statement, did it focus so much on defending its attempts to restrict public access to the tribunal, rather than admitting its mistakes? And why, when ambulance crews were forced to run makeshift wards outside Kirkcaldy's A&E department, is NHS Fife's leadership not prioritising reducing waiting times and ensuring patients get the treatment they need? Advertisement Hide Ad Advertisement Hide Ad Dignity and privacy It is the SNP government that is ultimately responsible for our NHS – and it has the resources to match. The SNP government's Health Workforce Directorate has oversight of NHS boards and its central legal unit is there to ensure they pick their legal battles wisely. The Scottish Government will know what's going on, so too will the First Minister and Health Secretary. Full and frank discussions will have taken place about NHS Fife. So why are they letting this continue? The irony of this case is that it centres on dignity and privacy. While this tribunal drags on, there are patients stuck in A&E or waiting longer than they should for treatment. Every day, NHS staff arrive for long, intense shifts in under-resourced, under-staffed wards. Advertisement Hide Ad Advertisement Hide Ad NHS Fife's decision to prolong this case does not benefit any of them, nor its reputation. Indeed, the whole sorry saga has become a symbol of an SNP government that fails to challenge NHS bosses over their performance, yet is happy to spend taxpayer's cash on defending this charade at tribunal. The SNP government must tell NHS Fife to conclude this mess. As a matter of urgency, ministers need to provide clear guidance to all health boards so they can make their staff feel protected and respected within the boundaries of the law. It's time for NHS Fife to get back to the day job of treating patients. And it's time for John Swinney to show some leadership and settle this case.

NHS medics accused of hiding email in Peggie tribunal
NHS medics accused of hiding email in Peggie tribunal

The Herald Scotland

time3 hours ago

  • Health
  • The Herald Scotland

NHS medics accused of hiding email in Peggie tribunal

The accusation came as Dr Searle, a consultant in emergency medicine, gave evidence to the tribunal in Dundee. The senior medic supervised Dr Beth Upton and helped complete a report following the incident between the transgender doctor and Ms Peggie. READ MORE The gender critical nurse is suing her employer after being suspended following the dispute 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 Upton, she said, in her view, the medic was a man and should not have been in the room. She also made a reference to the situation being similar to men being in the female prison estate. Much of the rest of the conversation is disputed. 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'. On Tuesday, Dr Searle, who said she had known Ms Peggie during her 11-year career at NHS Fife but was unaware of her gender critical views, explained her role in the inductions for junior doctors. She said she had asked Dr Upton 'if she was happy using female changing rooms' in August 2023 during an induction and 'didn't make any other suggestions'. She said she emailed NHS Fife's equality lead Isla Bumba on December 8, 2023, to ask if NHS Fife had a transgender policy but was told it did not. On her return to work after the Christmas break, on December 29, Dr Searle read an email from Dr Elspeth Pitt regarding an 'upsetting interaction with another member of staff', and an email from Dr Upton sent on Christmas Day, alleging Ms Peggie had told her 'she can't be in the female changing room, it's wrong and lots of others feel this way' and 'she continued to tell me she is intimidated, she told me women have a right to feel safe', and made a comment about 'prisons'. Dr Searle said: 'To me, that was likening the situation to the Isla Bryson case that was very well publicised. Isla Bryson was a convicted rapist who was housed temporarily in a female prison.' She said she was 'very concerned' and 'knew there wasn't an NHS Fife policy', adding that 'according to the hate incident policy it is verbal harassment', the tribunal heard. She said she had a meeting with Dr Upton at 5pm, who was 'shaken and distressed', and they completed an internal report together. Dr Kate Searle arrives for the Sandie Peggie Employment Tribunal (Image: Iain Masterton) Dr Searle said: 'We looked at NHS Fife's hate incident policy and recognised this required a Datix to be completed, so we completed that together. We discussed reporting the incident to the police as that's again what is recommended in NHS Fife policy. 'Beth said she would think about it. We looked at her shift patterns to see when she was next due to be in and if she felt safe to do that.' READ MORE During cross-examination, Dr Searle was asked about a number of emails, including one to six respondents referring to a 'small need to know group' to help avoid 'foot in mouth syndrome'. Ms Cunningham said there was 'something a bit odd going on here' as there were separate chains with the same subject line, which looked as if they were connected. However, there were earlier messages in the chain which appeared to have been deleted. Ms Cunningham said an email looked as if it had not been submitted to the tribunal when it should have been, and there was a further email that should have appeared at the bottom of a chain that was, 'for some reason, chopped off'. 'But on the face of this email, it is quite understandable, isn't it, why those involved in that small need to know group might have preferred not to have it looked at in the course of this tribunal,' the lawyer said. The email was, she added, 'seriously embarrassing' to NHS Fife and Dr Upton. 'It talks about a live investigation. It says in terms that Esther [Davidson, Ms Peggie's supervisor], who a few days earlier and then again until the end of February is going to be the investigator, it says in terms Esther cannot do it, as she has been involved in the discussions with Sandie previously. 'It appears to be an intention to set up and coordinate a group of people who should not be talking about this investigation to each other because they are witnesses. 'It says in terms this information must not be shared with anyone outside this group, and it talks about the risk of foot in mouth syndrome. It is in itself, quite a serious case of foot in mouth syndrome, isn't it?' Dr Searle said she could 'appreciate that in hindsight, we should not have written these things in a group email to witnesses. I agree.' 'And having done that, everybody involved in that chain had quite good reason to prefer that it shouldn't see the light of day,' argued Ms Cunningham. 'I cannot comment whether this email was withheld. I don't think you can prove that these two emails are linked," Dr Searle responded. 'And when we were all asked by the IT department to do a thorough search of our emails, we did so, and this email was produced.' Ms Cunningham said: 'But you were asked to do some degree of search of emails on the previous trawls, and this email wasn't produced. Was it? You didn't produce it in time for the first part of this hearing, in response to the January 3 order.' 'It would appear not.' Ms Cunningham said there were six people copied on the email. She asked if all those copied in had agreed between them that none of them would produce it. 'Absolutely not,' Dr Searle replied. 'I would suggest to you that you deliberately defied an order of the tribunal to conceal your own wrongdoing and that of your colleagues.' 'I absolutely do not agree with that,' Dr Searle said. 'If you had done that, it would be dishonest. Wouldn't it?' Ms Cunningham asked. 'It would be dishonest to do that, and I am a doctor who acts as honestly as I can at all times.' She agreed that it would be an issue for the regulator if she, as a doctor, had not acted with honesty and integrity. Dr Searle is due to continue giving evidence on Wednesday. The tribunal continues.

Why won't Anas Sarwar champion Sandie Peggie?
Why won't Anas Sarwar champion Sandie Peggie?

Spectator

time9 hours ago

  • Politics
  • Spectator

Why won't Anas Sarwar champion Sandie Peggie?

When nurse Sandie Peggie complained about the presence of a trans-identifying man in the women's changing room at Falkirk's Victoria Hospital, she was treated as a dangerous bigot. A witch-hunt saw her suspended from the job to which she had devoted thirty years of her life and she faced horrifying allegations of placing patients in danger. Today, Peggie is not only a household name in Scotland, she's fast becoming a national hero. An industrial tribunal called by the nurse – started in February, paused, then resumed last week – has heard how doctors and management turned on her while rallying round Dr Beth Upton, a man who claims to be a biological woman. Whether Peggie wins her claims of sexual discrimination against her employers, NHS Fife, and Upton remains to be seen, but it is already clear that public sympathy lies firmly with the working-class nurse rather than the middle-class doctor. This is a truth not only revealed in polling – a recent YouGov survey found more than 60 per cent of people backed the Supreme Court ruling that womanhood is a matter of biology – but also in focus groups commissioned by political parties. Gender ideology may remain popular among self-identifying 'progressive' politicians but voters from across the political spectrum have had more than enough of the 'trans women are women' hooey so enthusiastically pushed by the SNP and others at Holyrood over recent years. When the Scottish parliament voted in 2022 in favour of reforming the Gender Recognition Act (GRA), allowing anyone to self-identify into the sex of their choosing, Scottish Labour's Anas Sarwar whipped his MSPs into supporting the proposal. Back then, having swallowed the be-kind Kool-Aid, he showed no sign of recognising the irreconcilable conflict between the rights of women and the demands of militant trans activists. But, in February, as Peggie's case began making headlines, Sarwar saw (or chose to see) sense. Not only did he support the nurse's case, but he also expressed his regret over backing former first minister Nicola Sturgeon's plan to reform the GRA. If, said the Scottish Labour leader, he had known in December 2022 what he now knew, he'd never have voted in favour of changing the law. Fortunately for the women and girls of Scotland, then Conservative Scottish secretary Alister Jack blocked the new legislation in January 2023 on the grounds that it would conflict with the UK-wide Equality Act, which protects the sex-based rights of women. The backlash against reform of the GRA contributed to Nicola Sturgeon's decision to step down as First Minister. Her successors – both the hapless Humza Yousaf and the bland John Swinney – remain committed to the proposal (in theory, anyway,) even as public opposition to gender reform mounts. This baffling support for a discredited ideology left Swinney looking especially foolish as Peggie's tribunal resumed. The First Minister declared his complete confidence in NHS Fife, placing him on the opposite side of this high-profile battle to the majority of voters. Swinney missed his opportunity to free himself from the gender politics swamp. Anas Sarwar has been every bit as politically inept. When Scottish Labour's leader U-turned on gender reform, he managed to upset both those in favour of self-ID and those opposed. To the former – forever now lost to him – he was a traitor; to the latter, he was a cowardly opportunist. Every working day until next Wednesday, crowds of supporters will gather outside the tribunal hearing in Dundee to cheer Sandie Peggie as she arrives. Recording these moments will be camera crews from all major broadcasters. Why, then, isn't Anas Sarwar there, each morning? In common with other party leaders, Sarwar has seen the focus group results and private polling which show the majority of voters believe a woman is an adult human female, not a magical kind of man. The Scottish Labour leader – having made a fool of himself in February – should turn up in Dundee, brace himself for a spot of heckling, and brave it out. 'I know I'm late,' he should tell Peggie's supporters, 'But I'm here, now.' We're bang in the middle of 'silly season', when summer holidays and parliamentary recesses leave the news agenda rather bare. This being so, the already gripping case of Sandie Peggie is receiving blanket coverage across Scottish media (with the exception, of course, of the SNP's court comic, The National, which – as is always the case when things look embarrassing for the separatists – maintains a 'nothing to see here' position). There is a space, right now, for Sarwar to position his party as champions of women's rights. While Labour and the SNP (and, of course, the cranks of the Scottish Greens and Liberal Democrats) continue to fail women, this issue represents a free kick for the insurgent Reform UK, which will stand candidates in next May's Holyrood election. Nigel Farage's party is on course to devour much of the Scottish Tory vote but parties of the centre-left are also vulnerable when it comes to the issue of women's rights. Senior SNP and Labour figures privately conceded that Farage's party can take votes from them on the regional lists from which 56 of Holyrood's 129 MSPs are elected. John Swinney has set his course on this matter and he's heading away from voters. But, instead of capitalising on this foolishness, Scottish Labour's leader remains bafflingly unwilling to seize ownership of the issue. Anas Sarwar's past betrayal of women's rights was morally indefensible. His failure to attend Sandie Peggie's tribunal and declare Labour her champions is politically inept.

Dispute between Sandie Peggie and transgender doctor posed ‘no risk to patients'
Dispute between Sandie Peggie and transgender doctor posed ‘no risk to patients'

North Wales Chronicle

timea day ago

  • Health
  • North Wales Chronicle

Dispute between Sandie Peggie and transgender doctor posed ‘no risk to patients'

Nurse Sandie Peggie was suspended after she complained about having to share a changing room with trans medic Dr Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, 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 NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Monday at the tribunal, service manager Lottie Myles said she perceived the dispute which led to Ms Peggie being suspended as a 'she said/she said' situation, and there was 'nobody who could provide evidence'. Ms Myles said she was tasked with conducting a suspension review on February 27 2024, and was told by the nurse's manager, Esther Davidson, that Ms Peggie was 'anti-trans', and 'had transphobic views because of an incident that occurred in the changing room'. She said that Ms Davidson alleged Ms Peggie had 'some gender critical beliefs, and some other beliefs which she has which may not be everybody's belief', an hour before a suspension review meeting, but Ms Myles said she was not given any documentation to examine prior to the review. During the tribunal, counsel for NHS Fife, Jane Russell KC, asked about these 'other beliefs'. Ms Myles said: 'There was views that Sandie was homophobic and there were elements of racism in her beliefs. It's hearsay. I try to disregard views which haven't been documented or there's little evidence of.' She noted that Ms Peggie referred to Dr Upton using 'male terminology', but said that she believed Ms Peggie's feelings about Dr Upton were 'circumstantial', and later challenged why allegations she branded 'hearsay' had not been documented or escalated, the tribunal heard. Ms Russell said: 'Arising out of this meeting, what was your opinion about how Sandie Peggie really felt about Dr Upton?' The witness said: 'I think Sandie probably wasn't too happy with Dr Upton but I think that was more from the incident which had happened. In summary notes, I had asked if she was to treat a patient who was transgender, would she treat them differently? 'I was reassured she said she wouldn't treat anyone trans differently; I felt that it was circumstantial.' Ms Russell asked for the witness's views on how Ms Peggie 'might deal with transgender patients' after a suspension review meeting on March 7 2024. Ms Myles said: 'I felt reassured she wouldn't treat them differently. Sandie has been a nurse for 30 years, I'm sure in that time she has dealt with transgender patients. I felt there were no safety concerns.' She said she referred to the Nursing and Midwifery Council code, including on freedom of expression, and the Equality Act 2010 which she described as a 'grey area in a lot of workplaces', and said there were 'several reasons' why she lifted the suspension, the tribunal heard. Ms Myles said: 'I wanted to be sure I wouldn't be treating either party in breach of the Equality Act. I wanted to have Dr Upton and Sandie Peggie treated fairly and equally.' She said that a meeting between herself, Ms Peggie and Royal College of Nursing rep Stuart Fraser was 'very difficult' and 'emotional' for Ms Peggie, who was determined to return to the Emergency Department rather than be moved to another department managed by Ms Myles, the tribunal heard. Ms Myles said: 'I wanted both parties to be treated fairly and equally. The situation was 'she said/ she said', we were limited on witnesses and things being documented.' The witness said that a return to work would be 'beneficial' for Ms Peggie, and that she wanted to 'make it as seamless as possible', after discussions about moving departments and moving onto dayshifts were both rejected, the tribunal heard. Giving evidence, Ms Myles said she was aware of reports of 'negative interactions', which she branded 'hearsay'. Ms Myles said: 'I actually challenged that by saying: 'Why wasn't this documented? Why wasn't it escalated?' Nobody could confirm, but I felt that was hearsay. I felt that to try to prevent any other allegations from happening having a senior team member on duty would be supportive for her.' She said it was agreed to put the pair on 'opposite shifts' and for Ms Peggie to be supervised during a phased return, describing it as a 'compromise', the tribunal heard. Ms Myles said that her involvement ceased around April 19 at the request of head of nursing Gillian Malone, and she had no role in the investigation. The tribunal continues.

Medics objecting to Sandie Peggie's return warned of culpability, tribunal told
Medics objecting to Sandie Peggie's return warned of culpability, tribunal told

Powys County Times

timea day ago

  • Health
  • Powys County Times

Medics objecting to Sandie Peggie's return warned of culpability, tribunal told

Senior medics who objected to a decision to allow a gender-critical nurse to return to work following a dispute with a transgender doctor were warned they were 'culpable' if patient safety concerns were not correctly reported, a tribunal heard. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Monday, service manager Charlotte Myles, who made a decision to lift the suspension on March 7, told the tribunal that two senior consultants and two senior nurses 'weren't happy' at her decision to allow Ms Peggie to return to work. Ms Myles said that Dr Kate Searle and Dr Maggie Currer both objected to her decision, while senior nurse managers Esther Davidson and Louise Curran 'similarly expressed' objections, but were not able to give an 'accurate response' regarding alleged patient safety concerns. She said she told Ms Peggie verbally on March 7 and in writing on March 12 that the suspension would be lifted. However, it was later reinstated due to issues with looking after the nurse's dog, and she returned to work around April 12 2024. Ms Myles said that 'usually we don't like to suspend' and she believed there were no patient safety issues, the tribunal heard. However she said that she 'wasn't impressed' by allegations made by senior medics and warned them to comply with correct protocols and policies. Ms Myles said: 'When I explained to staff members they weren't particularly happy with my decision initially.' She said she visited Dr Searle's office to co-ordinate a rota and was met with further objections, but warned the consultant she was 'culpable' if allegations were not reported correctly, the tribunal heard. Ms Myles said: 'Kate Searle expressed unhappiness that we were taking Ms Peggie back into the workplace and made a comment saying there had been patient safety issues, there had been other behaviours towards a doctor. I asked if this had been investigated and reported appropriately, and she said no. 'I said that if these events had happened and they had not been reported, you were culpable.' She added: 'They weren't happy but it was my sole responsibility to review the suspension. My primary concern is to make sure patients are getting seen.' The witness said she did not know 'what the indicators were… to be suspended in the first place' and felt there 'was no risk', the tribunal heard. Ms Myles said: 'I wasn't impressed; if someone wants to raise patient safety concern it should go through correct process and be escalated at the time the incident happened. My stance was: 'If you have not followed correct protocol and policy you are culpable'.' She said that Ms Davidson alleged that a doctor had been subject to a racist slur by Ms Peggie, and branded allegations by Ms Curran that the nurse shared Donald Trump's views on gender 'tittle-tattle', the tribunal heard. Ms Myles said: 'It was very similar, tittle-tattle of being a supporter of Donald Trump and sharing his views on gender. That's somebody's personal view and as long as it doesn't impact on workforce or patients or cause harm, people are entitled to have their private views.' She said she perceived Dr Upton to be 'a female colleague', but said: 'I do believe we should make alterations to support everybody, but how we do it is completely out of my remit.' During re-examination by Jane Russell KC, representing NHS Fife and Dr Upton, the witness was asked about the alleged comments. Ms Myles said: 'I was told Sandie Peggie had called a member of the medical team a P**i but that was not reported formally; when I asked Esther which member of the team it was directed at, it took a while to get a response. I believe the person who was supposed to have had the comment directed at them doesn't recall the comment being directed at them.' Judge Alexander Kemp asked if she had seen a previous risk assessment for suspending Ms Peggie, and the witness said she had not, despite asking for previous documentation prior to March 7.

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