Sandie Peggie raises further legal action against NHS Fife

A nurse who was suspended after an exchange with a trans doctor in a female changing room has raised a new legal claim against NHS Fife.

Sandie Peggie’s action is separate from her ongoing case with the health board and Dr Beth Upton, whom she took to an employment tribunal.

She alleged harassment and victimisation under the Equality Act 2010 relating to her gender critical beliefs.

Ms Peggie’s fresh claim arises from three senior staff opposing a decision by another manager to lift her suspension in March last year.

Ms Peggie’s legal team said this only became known to Ms Peggie during evidence given as part of the tribunal.

They said further claims of harassment and victimisation will be made against both the health board and specific employees over the coming months.

NHS Fife have denied their treatment of the nurse was unlawful.

Ms Peggie and Dr Upton had a row on Christmas Eve 2023 over the use of female changing facilities at the Victoria Hospital in Kirkcaldy.

The dispute led to Ms Peggie being suspended and then taking NHS Fife to a tribunal.

It began in February and heard from more than 15 witnesses, including Dr Kate Searle, Dr Maggie Currer and Esther Davidson – the three senior managers that Ms Peggie has now raised legal proceedings against.

Margaret Gribbon, the solicitor for Ms Peggie, said the latest legal action – covering NHS Fife and the three managers – was raised on 6 August.

She added: “All four respondents’ legal defences to the claim are expected to be received within the next fortnight.

“The claim arises from these senior managers’ opposition to the decision by another FHB manager in March 2024 to lift Sandie’s suspension.

“Sandie only became aware of this matter when the suspension review manager gave evidence at her tribunal hearing in July.”

Ms Gribbon stated that the claim was one of alleged harassment and victimisation under the Equality Act 2010.

She also said further claims relating to Ms Peggie undergoing a disciplinary hearing and a controversial media statement released by NHS Fife in July would follow.

On 18 July the health board published the four-page document while evidence was being heard in the tribunal.

It claimed that the employment tribunal had resulted in threats of physical harm and sexual violence against NHS staff.

Scotland’s information commissioner David Hamilton later criticised NHS Fife for the statement, and the fact the document set out in detail the costs of the tribunal.

Ms Peggie’s junior counsel Charlotte Elves said at the time that the statement caused “some concern” and was “irresponsible and potentially unsafe”.

Ms Gribbon said the health board had been asked to provide the names of employees who authorised the media statement, but had not done so.

She said that Ms Peggie was also considering taking legal action against the individuals who approved its release.

NHS Fife confirmed that a second employment tribunal claim had been raised against the organisation and members of its staff.

A spokesperson added: “NHS Fife will provide a formal response to this additional claim in due course.”