Health Secretary Neil Gray refuses to back nurse Sandie Peggie in trans doctor Beth Upton changing room row

Health Secretary Neil Gray has refused to back nurse Sandie Peggie as the SNP minister said he had full confidence in the leadership of NHS Fife.

Mr Gray said the Scottish Government expected public bodies to respect both single-sex spaces and trans rights.

His comments come after Ms Peggie took Dr Beth Upton and NHS Fife to an employment tribunal after being suspended over a row about changing facilities at Victoria Hospital in Kirkcaldy.

The health secretary was at the nearby Queen Margaret Hospital in Dunfermline on Wednesday when he made the comments.

When asked if he had any concerns about how Ms Peggie has been treated, Mr Gray said: “I think that’s a process for NHS Fife to deal with. I am not here to comment on that. That is not fair or right to do so when a process is underway in a tribunal and any disciplinary is live.”

When asked if he had confidence in the management of NHS Fife, Mr Gray said: “Of course I do.”

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The minister’s comments came as Harry Potter author JK Rowling shared a post on X that suggested Mr Gray “grow a spine and sack the leadership team at NHS Fife over their scandalous treatment of nurse Sandie Peggie”.

Mr Gray also said both single-sex spaces and trans rights must be respected by public bodies like health boards.

When asked by The Scotsman if he accepted his Government’s lack of clarity on this issue was what had led to this situation, the minister said: “We’ve provided guidance to the system in terms of making sure public bodies are applying the Equality Act in terms of single-sex spaces and trans rights, and making sure they are respected.

“We expect public bodies to adhere to that.”

The employment tribunal heard how a row had erupted between Ms Peggie and Dr Upton after the latter, who identifies as a trans woman, used the female changing rooms at the hospital.

Separately it is reported Ms Peggie was facing a misconduct hearing at NHS Fife for misgendering Dr Upton and for compromising patient safety by refusing to work effectively with the colleague.

Earlier this week the Scottish Conservatives tried to force the health secretary to make a statement in Holyrood on what the Government’s guidance to public bodies is on the use of single-sex spaces like changing rooms and toilets.

Several MSPs had submitted requests for a topical question to be asked on the issue on Tuesday afternoon, but all the requests were rejected by Presiding Officer Alison Johnstone.

The Scottish Conservatives then tried to get an urgent question asked on this issue instead, but this was again rejected, and the party instead tried to amend the parliamentary timetable to get the health secretary to make an emergency statement.

However, this move was voted down by MSPs by 64 votes to 47, leading to angry scenes in the Parliament’s debating chamber.

On Thursday Rachael Hamilton, the deputy leader of the Scottish Conservatives, is due to question Social Justice Secretary Shirley-Anne Somerville on this guidance in the Scottish Parliament.

The Holyrood schedule shows she will “ask the Scottish Government, regarding the application of equalities legislation, what its position is on the provision of single-sex spaces in public sector buildings, including hospitals”.

A Scottish Government spokesman said: “The Scottish Government expects all relevant organisations to comply with the requirements of the Equality Act 2010. As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.

“The Scottish Government supports the separate and single-sex exceptions in the Equality Act 2010, which can allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim.”