Sandie Peggie tribunal: NHS Fife breaks silence on ‘unacceptable personal attacks’ and 'worrying behaviour' in polarised debate

The lengthy 1700-word statement was issued on Friday afternoon after further intense coverage of the landmark case.

Nurse Peggie was suspended last January after objecting to Dr Beth Upton, who is a trans woman, using female facilities at Kirkcaldy’s Victoria Hospital.

The doctor made an allegation of bullying and harassment and cited concerns about “patient care”, resulting in the nurse’s suspension. She then took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.

Ms Peggie’s tribunal re-started in Dundee this week after a five-month break, and it emerged that the board had cleared her of allegations of gross misconduct, but the hearing has continued with senior figures within the authority called to give evidence.

NHS Fife said it released its statement to “provide clarity around some of the misinformation circulating on social media and being reported in the wider media” about the case, and in answer to pointed questions from the media, politicians and staff members.

The board said it recognised the clear public interest in the tribunal, and of scrutiny of it actions as a public body, but said staff were coming under “unacceptable” attacks,

It stated: “There has been significant and very polarised debate on social media regarding the case and associated issues, throughout. In some cases, however, 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.

“We value the contribution of every member of staff and the diversity that strengthens our teams, services, and care. Our staff are committed professionals, and we are proud of the work delivered across NHS Fife every day. At this critical time, it is essential they remain focused on providing high-quality care and services without being subjected to unacceptable personal attacks and trolling on social media.”

While the board said it was restricted in what it can and cannot say publicly, it singled out campaign group, Sex Matters, for criticism. It said Ms Peggie’s barrister, Naomi Cunningham KC, is chair of the organisation, and its chief executive officer and co-founder was called as a witness.

The statement said: “Other members of the organisation’s ‘advisory group’ have provided commentary to the media on a number of occasions where no reference is made to their direct involvement in the organisation. Sex Matters have been very active, making numerous statements which it would appear are aimed at steering public opinion in a way that NHS Fife as a public body clearly cannot.”

The board also set out its response to several key questions it has faced.

On the continuing case, it said: “NHS Fife did not initiate the ongoing tribunal proceedings and is instead one of two ‘respondents’ being sued. NHS Fife cannot unilaterally stop proceedings - only the claimant (Peggie) can choose to withdraw the case. The claimant has said in a recent statement from her legal representatives that she is determined to continue with her legal claim, as she is entitled to do. NHS Fife respects and recognises the right of employees to pursue legal recourse if they believe wrongdoing has occurred.”

The board said it was not pursuing any legal action against the nurse - instead it was defending itself “as it is required to do.”

In answer to the question, was this case not just about a staff member raising concerns about a trans woman using a female changing room, the statement said: “While the claimant raised concerns about a trans woman’s use of a locker room, this was not the reason that NHS Fife’s internal investigation was initiated. As made clear during tribunal proceedings, the disciplinary process was initiated due to concerns raised about interactions with a colleague and patient care.”

The board said it had a responsibility to fully investigate where concerns are raised about the conduct of any of its employees, and believed its internal disciplinary process “has been fair and impartial.

On other key issues which has seen the board come under heavy criticism, it said while its legal bill had hit £250,000 so far, the cost to NHS Fife was capped at £25,000, and the reason it applied for a privacy order at the start of the tribunal was because it had ”a duty of care to all its staff.

It added: “For those staff members involved in the tribunal, particular consideration was given to protect their safety, security and wellbeing. We believed that having the tribunal heard in private would mitigate the risks to the safety and wellbeing of all staff members attending or identified during the tribunal proceedings.”

It also defended its bid to restrict public access to live proceedings of the tribunal - a move which also saw it target the Tribunal Tweets account on X/Twitter claiming its legal representatives had analysed the tweets and “highlighted several inaccuracies.”

It also said there were issues and disruption with livestream of the initial phase of proceedings “due to the significant number of people granted access.”

The statement added: “To assist the smooth running of proceedings, our legal representatives sought to limit the stream to media as a means of reducing the opportunity for further disruption and interruptions. The livestream was disabled by the tribunal administrators for a time during the February hearing, because of these issues.

“The tribunal has since confirmed that it will continue to open the livestream to all that can be accommodated, for the July hearing dates, having implemented certain measures in this regard.

“The board appreciates that there are deeply entrenched views on both sides of the debate around single-sex spaces and has never sought to stifle fair and reasoned debate on the topic, asking only that any media coverage is respectful, fair, balanced, accurate, and distinguishes fact from opinion.”

The statement also said that following the recent Supreme Court ruling on the legal definition of a woman, work was underway across the entirety of the board's estate - including toilets, changing and locker rooms - to identify areas where any adaptions may be required and schedule any work that may be necessary to improve facilities.

It added: “We are committed to delivering appropriate and respectful workplace arrangements.”