Changing room row nurse faces disciplinary hearing

Sandie Peggie brought an employment tribunal against NHS Fife and Dr Beth Upton

A nurse who is in the middle of an employment tribunal against NHS Fife has been called to a separate disciplinary hearing by the health board.

Sandie Peggie claims she was subjected to unlawful harassment by being made to share a changing room at Victoria Hospital, Kirkcaldy, with Dr Beth Upton - who is a transgender woman.

Her claim is disputed by the health board and the doctor. On Friday, the tribunal judge adjourned the case until July.

The BBC has learned that NHS Fife has scheduled a conduct hearing to examine allegations against Ms Peggie of misconduct, failures of patient care and misgendering Dr Upton. The potential outcomes range from no case to dismissal.

The hearing was originally due to take place on Friday but has been rescheduled at Ms Peggie's request.

In response, her legal team are planning further action in the form of another tribunal claim.

NHS Fife said it was unable to comment on matters relating to individual staff members.

The employment tribunal previously heard how Ms Peggie had encountered Dr Upton in the women's changing room on two occasions in August and late October or early November 2023.

Ms Peggie, who has been a nurse at NHS Fife for more than 30 years, said she felt "uncomfortable" and waited outside of the room until Dr Upton left.

On a third occasion on Christmas Eve 2023, the pair exchanged words in the room and Ms Peggie said the doctor should not be using the women's changing area.

Both sides have disputed exactly what was said.

Dr Beth Upton made a bullying and harassment complaint about Sandie Peggie

During her evidence, Ms Peggie confirmed she had called Dr Upton a man and said she believed the medic was a biological male.

She acknowledged that this would be considered harassment under NHS Fife's diversity and equality guidance.

Dr Upton told the tribunal the incident was "quite scary" and claimed the nurse compared the situation to the case of Isla Bryson, a transgender rapist who attacked two women while known as Adam Graham and was initially remanded to a women's prison.

"I felt really distressed, really awful," the doctor added. "I've never had somebody say things like that to me before."

Dr Upton complained and the nurse was put on leave. She was then suspended for eight weeks while the health board carried out an investigation into alleged bullying and harassment.

But Ms Peggie said it was discriminatory for Dr Upton, who was not registered female at birth, to use the women's changing room.

The nurse claims she was "subjected to sexual harassment" by the medic and that NHS Fife had breached the Equality Act.

NHS guidance states that trans men and women are allowed to use the changing rooms that align with their gender identity.

Ms Peggie also criticised how long the investigation into the bullying allegations had taken and said she had not been asked for her side of the story.

In January, it was decided that the tribunal would be heard in public and that Ms Peggie and her legal team were allowed to refer to Dr Upton as a man.

After two weeks of evidence, the hearing was expected to have concluded.

The delay is due to questioning of witnesses taking longer than anticipated, and the judge and lawyers' availability.

So far, Ms Peggie, Dr Upton and nursing manager Esther Davidson have given evidence among others.

'Bound to lose'

Murdo Fraser, MSP for Mid Scotland and Fife, said his constituents had contacted him about a "witch hunt" against Sandie Peggie "who was simply standing up for her legal right to access single-sex changing facilities in her place of work".

He told BBC Scotland's Drivetime programme: "Instead of taking that request seriously, she was suspended by NHS Fife for making that complaint and now is having to go to an employment tribunal to try and have her rights restored."

The MSP said he plans to question the Scottish government in parliament about the issue later this week.

He added: "I cannot see how it is justified for the senior management on the board of NHS Fife to continue to spend what now must be hundreds of thousands of pounds of public money on a case they are bound to lose.

"That is why it is beyond the point where Neil Gray and the Scottish government need to step in and bring a stop to this."

The tribunal will resume again on 16 July and is expected to last a further 11 days.