A dispute between a gender critical nurse and a transgender doctor was treated as a claim and counter-claim disagreement by a manager tasked with a suspension review who found there was no risk to patients, a tribunal has heard.
Nurse Sandie Peggie was suspended after she objected to having to share a changing room with Dr Beth Upton at the Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023.
Ms Peggie was placed on special leave and then suspended after the doctor made an allegation of bullying and harassment and cited concerns about “patient care”.
Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation.
Service manager Lottie Myles told the tribunal on Monday she perceived the dispute which led to Ms Peggie being suspended as a “she said/she said” situation, and there was “nobody who could provide evidence”.
Ms Myles said she was tasked with conducting a suspension review on 27 February 2024, and was told by the nurse’s manager, Esther Davidson, that Ms Peggie was “anti-trans” and “had transphobic views because of an incident that occurred in the changing room”.
She said Ms Davidson alleged Ms Peggie had “some gender critical beliefs” alongside others that “may not be everybody’s belief”, an hour before a suspension review meeting.
However, Ms Myles said she was not given any documentation to examine prior to the review.
Jane Russell KC, counsel for NHS Fife, asked about these “other beliefs”.
Ms Myles said: “There was views that Sandie was homophobic and there were elements of racism in her beliefs. It’s hearsay. I try to disregard views which haven’t been documented or there’s little evidence of.”
She noted Ms Peggie referred to Dr Upton using “male terminology”, but said she believed Ms Peggie’s feelings about Dr Upton were “circumstantial”, and later challenged why allegations she branded “hearsay” had not been documented or escalated.
Ms Myles said: “I think Sandie probably wasn’t too happy with Dr Upton, but I think that was more from the incident which had happened.
“In summary notes, I had asked if she was to treat a patient who was transgender, would she treat them differently. I was reassured she said she wouldn’t treat anyone trans differently; I felt that it was circumstantial.”
Ms Russell asked for Ms Myles’s views on how Ms Peggie “might deal with transgender patients” after a suspension review meeting on 7 March 2024.
Ms Myles replied: “I felt reassured she wouldn’t treat them differently. Sandie has been a nurse for 30 years, I’m sure in that time she has dealt with transgender patients. I felt there were no safety concerns.”
Read more:
Nurse cleared of misconduct by NHS Fife
Trans doctor felt ‘unsafe and upset’ after nurse’s comments
Head of nursing ‘can’t recall’ risk assessment behind suspension
Issue of trans doctor using female facilities ‘previously raised’
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She said she referred to the Nursing and Midwifery Council (NMC) code, including on freedom of expression, and the Equality Act 2010 which she described as a “grey area in a lot of workplaces”, and said there were “several reasons” why she lifted the suspension.
Ms Myles said: “I wanted to be sure I wouldn’t be treating either party in breach of the Equality Act. I wanted to have Dr Upton and Sandie Peggie treated fairly and equally.”
She said a meeting between herself, Ms Peggie and Royal College of Nursing (RCN) representative Stuart Fraser was “very difficult” and “emotional” for Ms Peggie, who was determined to return to the emergency department rather than be moved to another department managed by Ms Myles.
Ms Myles said: “I wanted both parties to be treated fairly and equally. The situation was ‘she said/she said’, we were limited on witnesses and things being documented.”
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Ms Myles said a return to work would be “beneficial” for Ms Peggie, and that she wanted to “make it as seamless as possible”, after discussions about moving departments and moving on to dayshifts were both rejected.
Ms Myles said she was aware of reports of “negative interactions”, which she branded “hearsay”.
She said: “I actually challenged that by saying, ‘why wasn’t this documented? Why wasn’t it escalated?’
“Nobody could confirm, but I felt that was hearsay. I felt that to try to prevent any other allegations from happening, having a senior team member on duty would be supportive for her.”
Ms Myles said it was agreed to put the pair on “opposite shifts” and for Ms Peggie to be supervised during a phased return, describing it as a “compromise”.
Ms Myles said her involvement ceased around 19 April at the request of head of nursing Gillian Malone, and she had no role in the investigation.
The tribunal continues.
