Latest news with #SandiePeggie
Daily Mail
4 days ago
- General
- Daily Mail
Trans doctor receives counselling due to the 'incredible distress' of NHS gender tribunal
A trans doctor at the centre of a landmark employment tribunal has claimed the distress of giving evidence forced the medic to undergo counselling. Dr Beth Upton has defiantly spoke out to say 'trans people are not going anywhere' after revealing plans for the money raised by a crowdfunder. Dr Upton, who was born a man, and Fife Health Board are accused of breaching the Equality Act after forcing nurse Sandie Peggie to get changed alongside the trans medic. Mrs Peggie, 50, was suspended from her job at NHS Fife after challenging Dr Upton's presence in the women's only facilities at Victoria Hospital in Kirkcaldy. She has lodged a claim of sexual harassment, discrimination and victimisation at an employment tribunal. Although Dr Upton has given evidence to the tribunal, the medic has so far failed to comment on the proceedings outside of the court room. The 30-year-old has broken cover to tell supporters they should 'seize any chance to demonstrate that we're [trans people] here, we are loved, and we're not going anywhere'. In a message to those who donated almost £6,000 to a crowdfunder titled: 'Love and treats for Dr Beth Upton', the doctor on Wednesday said the tribunal had been 'incredibly distressing' but urged supporters not to give up the fight. The medic wrote: 'First, I want to say a huge thank you to everyone for your kindness and generosity. 'The whole experience has been incredibly distressing and knowing there are people out there who support me and my community means the world to me. 'While this has been a huge personal struggle, I think it's also important to acknowledge the wider context the case exists in and the potential for its effects to impact many in the trans community and beyond. 'I feel we should seize any chance to demonstrate that we're here, we are loved, and we're not going anywhere.' Dr Upton said half of the £5,807 raised for their cause would go towards paying for counselling and time taken off by the medic's wife. It is understood the doctor's legal fees are being covered by the taxpayer via the NHS's Central Legal Office. The doctor wrote: 'Both my wife and I have been blown away by the support shown by all of you and have carefully considered how best to use the funds raised through this thoughtful gesture. 'We believe it's important, given our position, to share that kindness with others. 'With that in mind, we intend to divide the money roughly into two, using half to cover our practical costs related to the tribunal and surrounding experience (e.g. counselling, loss of earnings for my wife, travel and accommodation) and the other half we intend to split amongst several local charities and community groups working to support vulnerable people. 'We must not forget that the rights we do have have been hard fought for and we must continue to fight for those rights and for the rights of others. We must remember that we know ourselves better than others can ever know us and nothing can change who we know ourselves to be.' The message was signed off by Dr Upton and Zoe, the medic's wife, with the words 'love and solidarity'. The employment hearing in Dundee, which will resume in July, was launched before last month's Supreme Court ruling that clarified that the meaning of 'sex' in equalities law refers solely to 'biological' sex. The nurse lodged a claim against the health board and Dr Upton, citing the Equality Act 2010, including sexual harassment, discrimination and victimisation. The Mail revealed last week how Mrs Peggie is also suing the Royal College of Nursing for failing to help her in her battle against Fife Health Board. An equivalent fundraiser for Mrs Peggie has garnered around £38,000 worth of donations - all of which is set to go to charity. Last night, Susan Smith of campaign group For Women Scotland said: 'Dr Upton continues to pretend he is the victim, saying the experience has been 'incredibly distressing' and a 'huge personal struggle'. 'Reading this, one might forget the distress caused to a female nurse who objected to his presence in the women's changing room, and the compromise to her dignity and privacy. 'As for a 'struggle', Ms Peggie has the weight of the NHS against her and was unsupported by her own Union. 'Dr Upton, backed by managers and senior colleagues, is certainly not the underdog in this sorry tale and, moreover, pushed the hospital to take action against Sandie.'
Sky News
4 days ago
- Health
- Sky News
NHS Fife rebuked by watchdog over handling of transgender row tribunal cost requests
NHS Fife failed to comply with its freedom of information duties over the costs of an employment tribunal, Scotland's Information Commissioner has ruled. The health board received three separate requests in March 2025 for the cost to date of the legal action, which was brought by nurse Sandie Peggie after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her suspension. She was suspended from Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Upton using the changing facilities in its A&E department on Christmas Eve 2023. Ms Peggie took the health board and Dr Upton to a tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010. The tribunal has been part heard, with proceedings set to continue in July. NHS Fife rejected all three freedom of information (FOI) requests, stating that the information requested was exempt under the FOI Act's exemption - which protects personal information. However, a probe by the Scottish Information Commissioner has revealed that when responding to the requests, NHS Fife did not actually have the information on which it based its reply. Information Commissioner David Hamilton said the details about costs was not obtained until later from the NHS Central Legal Office, and that the health board should have replied on the basis of information it did hold at the time of the requests. Mr Hamilton ordered the health board to carry out fresh searches for information it did "actually hold" at the time, and to issue revised responses in line with what it finds. The commissioner also disputed NHS Fife's claim the cost data would be exempt from disclosure on the basis set out, and called on it to "exercise caution" when considering related exemptions around any additional information found. Mr Hamilton described the matter as "frustrating" both for himself and for those who were seeking the information from the health board. "In the circumstances, I am only able to require that NHS Fife carry out further searches to identify all information held at the time the request was made and then issue a revised response to the requesters," he said. "The delays that have arisen as a result were wholly avoidable, and I would urge that all public authorities ensure their responses to FOI requests are based on information they actually hold." A spokesperson for the health board said: "NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice."
Spectator
4 days ago
- Health
- Spectator
NHS Fife under fire over failure to reveal costs of trans tribunal
To NHS Fife, which is once again making headlines for all the wrong reasons. The Scottish health board has been slammed by the country's information tsar for failing to publish its spend on an ongoing employment tribunal brought against it by nurse Sandie Peggie. Whatever happened to transparency, eh? After nurse Peggie questioned a transgender doctor for using the female changing rooms, she was suspended by the Scottish health board. The move pushed her to bring a landmark tribunal against NHS Fife and Dr Beth Upton for harassment and discrimination and prompting heated discussion about what the Equality Act says about the provision of single-sex spaces. But when investigators approached the health board about the money spent on the tribunal, NHS Fife refused to be drawn – as the Spectator noted at the time. Instead, the Scottish health board said it had 'no indication of costs'. This hasn't satisfied Scottish Information Commissioner David Hamilton, however, who has ruled that NHS Fife has failed to comply with the law.
Daily Mail
5 days ago
- 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.'
The Herald Scotland
5 days ago
- Health
- The Herald Scotland
What NHS Fife's FOI fight tells us about transparency
NHS Fife cited Section 38 of the Freedom of Information (Scotland) Act 2002 — the personal data exemption. When The Herald appealed, arguing that the data was not personal, the board stood by its decision. So we took the case to the Commissioner. READ MORE: Curiously, NHS Fife tweaked its position during the investigation. It claimed the exemption extended not only to personal information but also to commercial interests under Section 33(1). In essence, the board argued that disclosing the costs could assist Sandie Peggie's legal team, or offer other law firms insight into billing expectations for future NHS work. NHS Fife also invoked Section 39(1) — the health and safety exemption — suggesting that releasing the information could endanger staff. The Herald disputed all of these claims. We argued the information sought was financial — legal fees, tribunal expenses and so on — not personal data relating to Ms Peggie, Dr Beth Upton or the board's legal team. We pointed out that the costs do not reveal anything personal about the people involved beyond the fact that a tribunal is occurring, which is already public knowledge. We also challenged the commercial interest exemption, given that public bodies routinely disclose legal expenditure. The cost of the employment tribunal so far, we said, will likely consist of payments for legal service. These are sunk costs – funds already spent. Precedent supports this: government departments and public bodies regularly publish similar disclosures. Furthermore, law firms routinely have their public sector earnings disclosed via FOI without issue. As for the health and safety exemption, we argued it was wholly unwarranted. It was unclear, and the health board never quite explained, how publishing a cost breakdown could reasonably be expected to endanger anyone. NHS Fife had suggested this exemption, presumably on the theory that making the costs public could lead to harassment of staff or other individuals involved. There is no evidence for this. The identities and roles of the key individuals in the tribuna are already matters of public record. If there were any risk of harassment or threats related to this case, that risk already exists independently of the cost details. This matters. Invoking 'health and safety' in this way sets a dangerous precedent — allowing contentious costs to be concealed on the basis of hypothetical public backlash. In the end, the Commissioner agreed. FOISA exemptions serve important purposes — but, as NHS Fife has discovered, they are not tools to obstruct financial transparency in public bodies.
