Sandie Peggie 'relieved' at ruling against NHS Fife as calls for resignations and apologies follow
Sandie Peggie has said she is ‘relieved’ to finally have a judgment in her employment tribunal against NHS Fife amid calls for resignations and apologies
The nurse at the centre of the UK’s most controversial employment tribunal has said she is “beyond relieved” to have won a claim that has sparked calls for resignations at a health board.
NHS Fife has been found to have harassed Sandie Peggie in a situation where she was compelled to share a changing room with a transgender doctor.
However, the tribunal did not uphold the rest of Ms Peggie’s claims against either the health board or Dr Beth Upton, and a member of the nurse’s legal team said aspects of the judgment are “hugely problematic for women”.
The ruling has led to both calls for resignations and apologies in recompense for how Ms Peggie was treated.
Ms Peggie said: “I am beyond relieved and delighted that the tribunal has found that my employer Fife Health Board harassed me after I complained about having to share a female only changing room with a male colleague.”
The senior nurse went on to say the past two years have been “agonising” for both her and her family, with whom she now plans to spend “a quiet few days”.
In a short statement, Ms Peggie’s solicitor Margaret Gribbon said: “The tribunal’s findings that Fife Health Board harassed Sandie Peggie is a huge win for a tenacious and courageous woman standing up for her sex-based rights.
“This has been an extraordinarily lengthy and complex legal case.”
She added: “Due to the length of the judgment, and the fact that the legal team only received it this morning at 10am, we will not be in a position to make substantive comments on it today.
“Although safe to say that our preliminary thoughts are that aspects of the judgment are hugely problematic for women, leaving the onus on them to object when their privacy, dignity and safety are violated when men are given access to single-sex spaces.”
The tribunal, held in Dundee, took more than a month to hear evidence from 21 witnesses and considered around 3000 pages of productions.
Its judgment is 318 pages and Ms Peggie’s legal team is expected to make further comment later this week when the ruling has been more compressively considered.
The case centred on a disputed incident on Christmas Eve 2023 in a female changing room at Victoria Hospital in Kirkcaldy, Fife.
Dr Upton made an allegation of bullying and harassment against nurse Peggie following an altercation between the two that evening.
Ms Peggie was placed on special leave and the doctor later raised concerns about patient care.
The nurse’s employment tribunal was brought against NHS Fife on the grounds of belief discrimination, sexual harassment and victimisation.
Employment judge Sandy Kemp found that Ms Peggie was harassed by the health board when it gave an instruction to her not to discuss the case.
However, the panel found the claim of direct and indirect discrimination under the Equality Act 2010 did not succeed.
She also lost on her victimisation claim against the health board, while the ruling stated the claim against Dr Upton also failed.
Scottish Conservative shadow equalities minister Tess White MSP said NHS Fife had “shamefully” tried to “silence” the nurse before “squandering a fortune” of taxpayers’ money.
Ms White also called for First Minister John Swinney to apologise for an “abject failure” to protect women and girls.
She added: “The health board have serious questions to answer – and so does John Swinney and Neil Gray who backed the discredited management team at every turn.
“This whole shameful saga stems from the SNP imposing their reckless gender self-ID policy across Scotland’s public bodies – a policy which the Supreme Court deemed unlawful.”
Joani Reid, the Labour MP, said: "Those in NHS Fife who played any part in this must be accountable and I struggle to see how they stay in post.
“They have wasted masses of NHS money on their trans rights crusade.
“Enough is enough.”
A statement from NHS Fife said the health board “recognises that this has been a complex and lengthy process and acknowledges the careful consideration of Judge Kemp and the tribunal panel”.
It added: “The employment tribunal unanimously dismissed all of the Claimant’s allegations against Dr Upton and all of the allegations against the Board apart from four specific aspects of the harassment complaint.
“We will now take time to work through the detail of the judgment alongside our legal team to understand fully what it means for the organisation.”
Maya Forstater, CEO of sex-based rights charity Sex Matters, said the group was pleased that Sandie Peggie has won her claim of harassment against NHS Fife, and that the hospital trust was criticised in the ruling for its handling of the complaint against her.
However, Ms Forstater expressed disappointment in the tribunal’s approach, adding that it “sought to reach a spurious “balance” between a woman’s right to undress with privacy and dignity, and the right of an employee with the protected characteristic of gender reassignment not to be discriminated against in employment.
“The idea that a woman finding herself unexpectedly or unwantedly in a “female” changing room with a man must consider questions of human rights or the protected characteristics is ridiculous and unworkable.”
Calling for the Health and Safety Executive to “step up” and provide clear guidance to employers on workplace toilets and changing rooms, Ms Forstater added: “Sandie’s bravery is an inspiration, but it shouldn’t require bravery for women to be able to say to their employers, clearly and in natural language, that male colleagues – men, in other words – have no place in spaces that exist for the safety, dignity and privacy of women.
“There are thousands of women like Sandie all over the country. The only way to break the pattern of harassment of women who object to men in women-only spaces is to have clear rules and expect everyone to follow them.
“This problem cannot be solved by leaving individual women to upend their lives, fundraise to take court cases and then endure cross-examination and public scrutiny – all simply to win back what was a right that was beyond question until recently, and which most people still support.”
Susan Smith, of gender critical campaign group For Women Scotland, said: “While we are glad Sandie won her harassment complaint, we are concerned by some of the comments in the ruling, including the presumption that if women don't complain, organisations should allow men into female spaces.
“We are also troubled by the suggestion that "femininity" matters as much as biology and that men who elect to wear dresses are less of a risk than men in trousers.
“Men should not be women's changing rooms, mo matter how they dress or style their hair.
“Misogyny runs deep in Scotland and unfortunately, it appears in our court rooms too.”
Ms Peggie is progressing with three more court cases.
She plans to sue NHS Fife health board, its chief executive and its head of people and culture.
In a separate case, the nurse is suing three of the senior medical staff who gave evidence in her case, and the health board for a second time.
She also announced earlier this month that she will be suing her trade union, the Royal College of Nursing, claiming it failed to protect her and help her, when she was suspended.
Scottish Greens co-leader Ross Greer told BBC News he believes NHS Fife handled the case "incredibly poorly”.
Mr Greer said he was concerned at the impact of the case on trans people.
"The allegations of harassment made against Dr Upton were not upheld," Mr Greer said.
"Beth Upton was just a doctor trying to do her job and support her patients.
"She has been dragged through this horrendous, invasive process for no good reason."
A Scottish Government spokeswoman said: “While these are matters for the health board, the Scottish Government respects the outcome of the employment tribunal and will take the time to consider the judgement in full.”
A separate hearing will now be set to assess what remedy - such as a financial settlement - should be granted to Ms Peggie for the harassment that was found.
It will be fixed for a later date.