A nurse is taking legal action against NHS Fife because she was suspended over a transgender changing room row.
The departure of Sandie Peggie, who worked at Kirkcaldy’s Victoria Hospital, is the focus of an employment tribunal in Dundee.
She lodged a complaint of sexual harassment or harassment related to a protected belief under s26 of the Equality Act 2010 regarding three incidents when she shared a changing room with trans doctor Beth Upton (indirect harassment, victimisation, and whistleblowing) after being suspended over an allegation of bullying and harassment.
Here’s everything we know so far.
How did the controversy start?
Ms Peggie, an A&E nurse, felt uncomfortable when Beth Upton, who is transgender, started to undress in a changing room when they were alone together in December 2023.
She had previously felt embarrassed when the trans woman 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.
She also named Dr Upton as a second respondent in the case.
Her case is supported by pressure group Sex Matters.
Ms Peggie claims NHS Fife breached the Equality Act.
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 denies Ms Peggie had been harassed.
What happened next?
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.
A row then erupted over whether Ms Peggie could refer to the medic as a man during the upcoming tribunal.
Ms Peggie’s lawyers argued she should have the right to do so.
Dr Upton’s legal team warned this was upsetting and said the medic was deeply hurt by being misgendered.
But Judge Sandy Kemp, who presided over the fiery pre-tribunal hearing on January 21, ruled in favour of Ms Peggie.
He acknowledged this may be “painful and distressing” for Dr Upton.
The tribunal
An employment tribunal started on February 3 in Dundee and it is expected to last for 10 days.
One day one, Ms Peggie said she was “shocked” the first time she saw the transgender doctor in the female changing room.
A day later, the tribunal heard the A&E nurse compared Dr Upton being in a female changing room to rapist Isla Bryson being placed in a women’s jail.
She admitted to being a fan of Donald Trump and had to deny being “racist”.
The following day, Harry Potter author JK Rowling slammed the cross-examination of Ms Peggie.
Hours later, Ms Peggie’s husband Darren, called to the tribunal by his wife, was grilled about “racist posts” he shared on Facebook.
On day four of the tribunal, Dr Upton described feeling “cornered and attacked” after being confronted by the nurse about using the female changing rooms.
This was the first time the medic had spoken publicly about the case.
On day five, NHS Fife was accused of being “extraordinarily negligent” for failing to disclose documents relating to an alleged “aborted” investigation into Ms Peggie.
On day six, Ms Peggie’s lawyer compared Dr Upton to the torturer in George Orwell’s novel 1984.
The tribunal has also been hit by disruption due to interruptions from remote viewers and disputes over documents.
The hearing will not finish within two weeks as planned and may not resume until July or later.
Maya Forstater, who leads pressure group Sex Matters and supporting the nurse, says the tribunal could fuel sweeping changes to transgender changing room laws.
What has NHS Fife said?
NHS Fife initially declined to speak out about the row.
But the health board has since said both staff members should be treated with “kindness and respect”.
