{"id":310579,"date":"2025-08-02T00:25:28","date_gmt":"2025-08-02T00:25:28","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/310579\/"},"modified":"2025-08-02T00:25:28","modified_gmt":"2025-08-02T00:25:28","slug":"10-most-jaw-dropping-moments-in-sandie-peggie-tribunal","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/310579\/","title":{"rendered":"10 most jaw-dropping moments in Sandie Peggie tribunal"},"content":{"rendered":"<p>\n  Ms Peggie is suing her employer and Dr Beth Upton after she complained at having to share a changing room with the transgender medic at Victoria Hospital in <a href=\"https:\/\/www.heraldscotland.com\/local-news\/kirkcaldy-news\/\" target=\"_blank\" rel=\"noopener\">Kirkcaldy<\/a> on Christmas Eve 2023.\n<\/p>\n<p>\n  She was placed on special leave after Dr Upton made an allegation of bullying, harassment and patient safety concerns.\n<\/p>\n<p>\n  A judgment in this case is still a long while away, with oral submissions pencilled in for September 1 and 2. Employment Judge Sandy Kemp will deliberate from there.\n<\/p>\n<p>\n  Dozens of witnesses gave evidence and thousands of pages of documents were considered.\n<\/p>\n<p>\n  But\u00a0these are the most jaw dropping points from an intense 10 days.\n<\/p>\n<p>  Sandie Peggie cleared<\/p>\n<p>\n  There were rumours NHS Fife were considering withdrawing from the case hours before it even resumed.\n<\/p>\n<p>\n  The claimant, Ms Peggie, was cleared of all four gross misconduct allegations, with NHS Fife stating there was &#8220;insufficient evidence&#8221;.\n<\/p>\n<p>\n  NHS Fife did not concede in the case but there can be no doubt that this set the tribunal off on a fiery start.\n<\/p>\n<p>\n  Alongside allegations of misgendering Dr Upton, it was alleged that Ms Peggie walked out of a resuscitation unit because the trans doctor entered, leaving a patient unseen.\n<\/p>\n<p>\n  <strong>Read more:<\/strong>\n<\/p>\n<p>\n  Another allegation claimed a child patient was triaged by Ms Peggie but left the hospital unseen, with the nurse refusing to speak to Dr Upton about the incident.\n<\/p>\n<p>\n  She was cleared of them all. But these allegations were still a key part of the 10 days of evidence and the fall out from this leaves more questions for NHS Fife.\n<\/p>\n<p>  Isla Bumba: I don&#8217;t know my own sex<\/p>\n<p>\n  One of the standout &#8211; and jaw-dropping &#8211; interactions in this case came from NHS Fife&#8217;s equality and human rights lead Isla Bumba.\n<\/p>\n<p>\n  She was tasked with advising staff on transgender workplace policies, and admitted to Googling other heath boards because NHS Fife did not have its own policy.\n<\/p>\n<p>\n  That was a shocking revelation but it is not the jaw-dropping exchange.\n<\/p>\n<p>\n  Ms Bumba told the tribunal that people do not necessarily know whether they are male or female, unless they&#8217;ve had their chromosomes tested.\n<\/p>\n<p>\n  She said: &#8220;I don&#8217;t know anything about Beth&#8217;s body. I don&#8217;t know what my own body is made of biologically. No one knows what their chromosomes are or their hormonal composition.&#8221;\n<\/p>\n<p>\n  She added she would &#8220;hazard a guess&#8221; that she was female, stating: &#8220;I don&#8217;t know my chromosomes. No one knows what they are until they are tested.&#8221;\n<\/p>\n<p>\n  This evidence took place on day one of the tribunal restarting but it haunted it until the very end.\n<\/p>\n<p>  Confidentiality breaches<\/p>\n<p>\n  Consultant Dr Kate Searle, the supervisor of Dr Upton, was one of the most important witnesses in this case.\n<\/p>\n<p>\n  She had a lengthy discussion with Dr Upton after the incident on Christmas Eve.\n<\/p>\n<p>\n  And on December 29, 2023 she emailed around 19 consultants working at the emergency department setting out the medic&#8217;s story. In that email, she also expressed support for Dr Upton on behalf of the department and condemned the actions of Sandie Peggie. The allegations had not been investigated.\n<\/p>\n<p>\n  Naomi Cunningham, the barrister\u00a0acting for Ms Peggie said this exchange meant the integrity and confidentiality was &#8220;hopelessly lost&#8221;.\n<\/p>\n<p>\n  Dr Searle defended her actions, stating she had a &#8220;duty of care&#8221; to Dr Upton and wanted to let colleagues know in case the medic became upset on shift or could not work.\n<\/p>\n<p>\n  The consultant admitted that with &#8220;hindsight&#8221; her email had been a &#8220;flagrant breach&#8221; of confidentiality.\n<\/p>\n<p>  NHS Fife mid-tribunal statement<\/p>\n<p>\n  NHS Fife published a lengthy &#8211; and now infamous &#8211; 1,700 word statement on July 18.\n<\/p>\n<p>\n  Ms Peggie&#8217;s lawyers described the statement as &#8220;irresponsible&#8221; after it alleged the tribunal had triggered a threat of physical harm and sexual violence against NHS staff.\n<\/p>\n<p>\n  The original statement also referenced Maya Forstater, chief executive of Sex Matters and barrister Ms Cunningham.\n<\/p>\n<p>\n  \u00a0The next paragraph said &#8220;what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland&#8221;.\n<\/p>\n<p>\n  Ms Peggie&#8217;s legal team said it linked Sex Matters with the behaviour.\n<\/p>\n<p>\n  That statement had been edited multiple times, and days later, all reference to the organisation had been removed.\n<\/p>\n<p>  &#8216;Culpable&#8217; Dr Searle<\/p>\n<p>\n  Back to the patient safety claims.\u00a0\n<\/p>\n<p>\n  We heard that HR administration Lottie Myles originally dismissed concerns about Ms Peggie as &#8216;hearsay&#8217;.\n<\/p>\n<p>\n  Ms Myles instructed senior medics that Ms Peggie&#8217;s suspension would be lifted.\n<\/p>\n<p>\n  However, she said three staff members, including Dr Searle, raised concerns at this, telling the HR worker it was the &#8220;wrong decision&#8221;.\n<\/p>\n<p>\n  <strong>Read more:<\/strong>\n<\/p>\n<p>\n  The tribunal then heard that Dr Searle informed Ms Myles of &#8220;patient safety&#8221; allegations.\n<\/p>\n<p>\n  Dr Searle had not reported or escalated these concerns and the medic was told she could be &#8220;culpable&#8221; in the incident as a result.\n<\/p>\n<p>  &#8216;Troublemaker&#8217; Upton<\/p>\n<p>\n  A significant part of Ms Peggie&#8217;s case centred around the previous conduct of Dr Upton.\n<\/p>\n<p>\n  The tribunal heard that the medic kept logs of incidents with other colleagues with Ms Cunningham putting it to witnesses that Dr Upton was a &#8220;known troublemaker and a bully&#8221;.\n<\/p>\n<p>\n  In Dr Upton&#8217;s previous job, it is alleged that Dr Upton complained about an elderly patient misgendering them.\u00a0\n<\/p>\n<p>\n  On the final day of evidence, a colleague of Ms Peggie&#8217;s was supposed to give evidence on the allegations she had heard about Dr Upton. However she did not appear.\n<\/p>\n<p>  Upton altered phone notes<\/p>\n<p>\n  Part of <a href=\"https:\/\/www.heraldscotland.com\/topics\/health\/\" target=\"_blank\" rel=\"noopener\">The Herald<\/a>&#8216;s extensive coverage involved reviewing the evidence bundle.\n<\/p>\n<p>\n  We revealed that Dr Upton had kept a long of her meetings with Ms Peggie from October 2023.\u00a0\n<\/p>\n<p>\n  The key details came from the December 2023 logs.\n<\/p>\n<p>\n  Dr Upton&#8217;s note from December 18 described &#8216;hostility&#8217; from Ms Peggie. The Christmas Eve incident followed.\n<\/p>\n<p>\n  But on Boxing Day, Dr Upton edited the December 18 note to add patient safety concerns accusing Ms Peggie of refusing to engage about an unseen patient.\n<\/p>\n<p>  Heresy, asymmetry and pronouns<\/p>\n<p>\n  The legal teams had their fair share of arguments throughout this case.\n<\/p>\n<p>\n  In one instance, Employment Judge Sandy Kemp was accused of acting with &#8220;asymmetry&#8221; towards the legal teams.\n<\/p>\n<p>\n  Ms Cunningham accused the judge of favouring Jane Russell KC, NHS Fife&#8217;s lawyer, more favourably.\n<\/p>\n<p>\n  Ms Russell had earlier interjected after he opponent repeatedly referred to Dr Upton as &#8220;he&#8221;, causing a witness to misgender the medic.\n<\/p>\n<p>\n  She said she had concerns Ms Cunningham using incorrect pronouns created a &#8220;hostile&#8221; environment.\n<\/p>\n<p>\n  Half an hour later, a second row erupted.\u00a0\n<\/p>\n<p>\n  Ms Cunningham suggested there were attempts to punish Ms Peggie because the nurse was &#8220;guilty of heresy&#8221; by insisting Dr Upton was a man.\n<\/p>\n<p>\n  She said:\u00a0\u201cOne aspect of my claimant\u2019s case is she has been treated as a heretic deserving of punishment &#8211; heresy here is shorthand for someone who doesn\u2019t believe in and won\u2019t play lip service to the gender identity belief system.\n<\/p>\n<p>\n  \u201cThat is not a novel or fanciful idea.\u201d\n<\/p>\n<p>  Peggie defends character<\/p>\n<p>\n  Shocking allegations were made against Ms Peggie&#8217;s character, with\u00a0colleagues and former friends accusing the nurse of racism, homophobia and transphobia.\n<\/p>\n<p>\n  It was alleged that Ms Peggie called Dr Upton &#8220;it&#8221;, &#8220;weirdo&#8221; and &#8220;freak&#8221;.\n<\/p>\n<p>\n  She was also accused of making &#8220;derogatory&#8221; racist remarks.\n<\/p>\n<p>\n  Former friend Lindsay Nicoll told the tribunal she heard Ms Peggie said she had a &#8220;good mind to post bacon through the letter box&#8221; of a mosque being built in Kirkcaldy.\n<\/p>\n<p>\n  During her evidence recall, Ms Peggie attributed these comments to a paramedic. She said he made this remark in her presence around 10 years ago and denied repeating it.\n<\/p>\n<p>\n  In a Benidorm group chat, Ms Peggie also shared 10 racist jokes relating to the floods in Pakistan.\n<\/p>\n<p>\n  One joked about there being &#8220;too many P***&#8217;s\u00a0in Britain&#8221; while another described the aftermath of the disaster as a &#8220;giant bowl of coco pops&#8221; from space.\n<\/p>\n<p>\n  Ms Nicoll also said Ms Peggie was &#8220;homophobic&#8221; because she was &#8220;devastated&#8221; by her daughter being gay.\n<\/p>\n<p>\n  The nurse was recalled to give evidence and described the jokes as &#8220;distasteful&#8221; and &#8220;dark humour&#8221;.\n<\/p>\n<p>\n  She also rejected that she was homophobic and said she only had concerns that her daughter would face &#8220;prejudice&#8221;.\n<\/p>\n<p>\n  On transphobia allegations, Ms Peggie said she did not wish harm on trans people but did not want to share a changing room with biological men.\n<\/p>\n<p>  Benidorm chat and destroyed friendships<\/p>\n<p>\n  The final parts of the tribunal featured around a Benidorm group chat which Ms Peggie was a part of with other nursing colleagues, including Ms Nicoll.\n<\/p>\n<p>\n  This is where the racist jokes were made about Pakistan.\n<\/p>\n<p>\n  However, the messages did not just damage Ms Peggie\u2019s reputation, they also shone a light on patient confidentiality issues.\n<\/p>\n<p>\n  Ms Nicoll mentioned sensitive patient details, including their full name, in the group messages.\n<\/p>\n<p>\n  The witness admitted she had acted \u201cunprofessionally\u201d after she was accused of having \u201cno respect for patient safety\u201d.\n<\/p>\n<p>\n  She said: &#8220;Certainly, if I was a patient I would certainly view me as someone who didn&#8217;t respect their patients.&#8221;\n<\/p>\n<p>\n  It was also revealed that friendships had fallen apart as a result of the tribunal.\n<\/p>\n<p>\n  Ms Peggie used to go on annual holidays with Ms Nicoll and others in the group chat.\n<\/p>\n<p>\n  But the tribunal heard that Ms Nicoll was accused of doing a \u201chatchet job\u201d on Ms Peggie\u2019s character.\n<\/p>\n<p>\n  She told the tribunal: \u201cAnybody was going to ask me for a statement I was going to be willing to do it.\u201d\n<\/p>\n<p>\n  But Ms Nicoll denied she had it \u201cin\u201d for her former friend.\n<\/p>\n<p>  Peggie colleagues agreed on trans row<\/p>\n<p>\n  Ms Peggie named 13 colleagues who she said did not agree that a transgender doctor should be able to use the women&#8217;s changing room.\n<\/p>\n<p>\n  She told the tribunal she was &#8220;very sad&#8221; to have to name the colleagues because of the &#8220;very toxic&#8221; environment at NHS.\n<\/p>\n<p>\n  Ms Peggie said she had suffered from speaking out and did not want to put her colleagues through the same.\n<\/p>\n<p>\n  A key argument made by NHS Fife&#8217;s legal team is that Ms Peggie&#8217;s concerns were isolated and she was the only person with a problem.<\/p>\n","protected":false},"excerpt":{"rendered":"Ms Peggie is suing her employer and Dr Beth Upton after she complained at having to share a&hellip;\n","protected":false},"author":2,"featured_media":310580,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4316],"tags":[105,4348,16,15],"class_list":{"0":"post-310579","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-healthcare","8":"tag-health","9":"tag-healthcare","10":"tag-uk","11":"tag-united-kingdom"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/114956332090447167","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/310579","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=310579"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/310579\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/310580"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=310579"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=310579"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=310579"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}