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.
Ms Peggie has lodged a claim against NHS Fife and Dr Upton (Andrew Milligan/PA)
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.”
The dispute centred on Dr Beth Upton’s use of female changing facilities (Andrew Milligan/PA)
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.
