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NHS Fife trans row tribunal: Everything we know so far

A Kirkcaldy nurse was suspended by the health board after she complained about sharing a changing room with a transgender woman.

NHS Fife nurse Sandie Peggie. Image: Supplied.
NHS Fife nurse Sandie Peggie. Image: Supplied.

A nurse is taking legal action against NHS Fife because she was suspended over a transgender changing room row.

Sandie Peggie, who works at Kirkcaldy’s Victoria Hospital, has already spoken out with her side of the story but an employment tribunal is yet to begin.

Here’s everything we know so far.

How did the controversy start?

Ms Peggie, an A&E nurse, felt uncomfortable when a transgender doctor started to undress in a changing room when they were alone together in December 2023.

She had previously felt embarrassed when the trans woman – named in legal documents as Dr Upton – had been in the changing room at the same time as her.

The pair exchanged words and Dr Upton complained about Ms Peggie’s behaviour, alleging it was bullying.

Exactly what was said between the two has been disputed.

Ms Peggie was put on leave and then suspended in January 2024 pending an investigation.

In March, NHS Fife tried to persuade the A&E nurse to return to work at a different hospital.

Why is legal action being taken?

Ms Peggie claims she was “subjected to sexual harassment” by Dr Upton and is suing the health board.

Her case is supported by pressure group Sex Matters and former Fife MP Neale Hanvey.

Ms Peggie claims NHS Fife breached the Equality Act.

Victoria Hospital in Kirkcaldy. Image: Steve Brown/DC Thomson.

The nurse alleges the health board failed to carry out its investigation quickly enough and tried to stop her from discussing the row at work.

Ms Peggie claims it is discriminatory for Dr Upton, who was not born female, to be allowed to use the women’s changing room.

NHS Fife denied Ms Peggie had been harassed.

What happens next?

An employment tribunal will be held in Edinburgh for 10 days starting from February 3.

In January Ms Peggie was successful in her bid to stop the hearing being held in private.

Dr Upton and NHS Fife asked a judge to ensure the tribunal would not be public, to protect identities.

But this was rejected by Antoine Tinnion, the employment judge presiding over the case.

Ms Peggie hailed the decision as she spoke out for the first time.

Speaking to Sex Matters, she said: “I am very pleased that the tribunal decided to reject the application to hold the hearing of my employment tribunal in private.

“Going to employment tribunal is very stressful for all concerned, but everyone has the right to a fair and public hearing.

“Changing rooms are a place where we expect privacy. Courtrooms are not.”

What has NHS Fife said?

The health board declined to speak out about the row.

A spokesperson said: “It would be inappropriate for NHS Fife to comment on ongoing legal proceedings.”

Dr Upton has not commented publicly.

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