Why nurse Sandie Peggie has taken NHS Fife to tribunal over Dr Beth Upton transgender dispute

In a case that is making headlines, Sandie Peggie, who has worked in the NHS in Scotland for more than three decades, has taken her employers, NHS Fife, to an employment tribunal after being suspended from her position.

The dispute stems from a complaint made by Ms Peggie about her transgender colleague, Dr Beth Upton - a trans woman - who used a female changing room at the accident-and-emergency (A&E) department of a hospital on Christmas Eve in 2023.

Ms Peggie said she had raised concerns after Dr Upton used the same changing room on three occasions that year. She said her colleagues, including a female consultant and a male health worker, shared her concerns, and that a manager had told her they would “get it sorted”.

The veteran nurse began working for the health board in Fife in 1994 and, at the time of the incidents in question, had been working in the A&E department of Victoria Hospital in Kirkcaldy.

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 told the tribunal that Dr Upton “looked male”, and had their hair in a ponytail, with a receding hairline and an Adam’s apple.

She said that when she entered the female changing room in August 2023, she left as she felt “uncomfortable” seeing Dr Upton, adding: “I was upset he was being allowed to use the changing rooms.” She said she felt “embarrassed” to find Dr Upton in the female changing room again a few months later.

Dr Upton complained to the health board about Ms Peggie's behaviour after the exchange in the changing room, claiming that it was bullying.

The employment tribunal in Dundee heard that after the incident on Christmas Eve 2023, Ms Peggie was suspended in January 2024 without explanation, which was extended in February that year.

She learnt of the allegations at the end of February, but her suspension was “reinstated” in April after her solicitor asked that Dr Upton should not be allowed to use the female changing rooms.

Dr Upton complained to the health board about Ms Peggie's behaviour after the exchange in the changing room, claiming that it was bullying. Ms Peggie has insisted she had never used the word “rapist” or made a comment about “chromosomes”, the tribunal has heard.

Ms Peggie told the tribunal that on March 7, 2024, a meeting was held about returning and she said that she “wouldn’t have a problem” that Dr Upton was still working on the ward. However, it was suggested she move, and Ms Peggie said that she called the hospital at the end of March and was told her shift patterns had changed.

Giving evidence, Ms Peggie said her solicitor requested she move back onto night shifts, and that Dr Upton should be not allowed to use the changing rooms. However, both were denied by the NHS and her suspension was “reinstated”, the court heard.

Ms Peggie returned to work, but the investigation continued into October 2024. She told the tribunal she felt the health board was “postponing my suspension to try to make things difficult for me returning”.

NHS Fife has disputed Ms Peggie’s claim, and has described the case as unnecessary and vexatious.