Anas Sarwar: Nurse Sandie Peggie should not face disciplinary action in NHS trans doctor Beth Upton row

Mr Sarwar says “clear guidance” needs to be given to public bodies in the wake of the employment tribunal between nurse Sandie Peggie and Dr Beth Upton at NHS Fife.

He told the Scottish Sun: “I have always been clear that we must protect single-sex spaces based on biological sex - this includes spaces and NHS services.

“No nurse should ever face disciplinary action for refusing to share a changing room.

“Neil Gray and John Swinney have failed to set clear standards in Scotland’s NHS and have allowed the situation in NHS Fife to get completely out of hand.

“The SNP should get their act together and give clear guidance to public bodies, including health boards, on protecting this principle and upholding the Equality Act.”

Subscribe to The Steamie newsletter for daily political analysis

Ms Peggie took NHS Fife to an employment tribunal after being suspended over accusations of harassment by Dr Upton, who identifies as a trans woman.

The tribunal heard how Ms Peggie had encountered Dr Upton in the female changing room on two occasions in Victoria Hospital in Kirkcaldy, and had felt “uncomfortable” and waited outside the room until Dr Upton had left.

On a third occasion on Christmas Eve 2023, words were exchanged between the pair, although both sides dispute exactly what was said.

During the tribunal in Dundee, Ms Peggie confirmed she had called Dr Upton a man and believed the doctor was a biological male, but acknowledged this would be considered harassment under NHS Fife’s diversity and equality guidance.

Dr Upton complained and Ms Peggie was put on leave, and was then suspended for eight weeks while an investigation into alleged bullying and harassment took place.

Separately it has been reported Ms Peggie has also been called into a disciplinary hearing by the health board for misgendering Dr Upton and for compromising patient safety by refusing to work with Dr Upton.

A spokesperson for NHS Fife said: “We are unable to comment in detail on matters relating to individual members of staff, however, despite some reports, we can confirm there is no conduct hearing scheduled to take place imminently in this case.”

Meanwhile, a spokesman for the Scottish Government says an NHS Scotland guide to transitioning has been developed and shared with health boards prior to publication.

They added: “This period is intended to give boards the opportunity to prepare for implementation before the go live date.

“The guide advocates a person-centred approach, with decisions being made on a case-by-case basis.”

First Minister John Swinney was pressed on this on Monday.

He said: “I think the legal position is crystal clear that public organisations have an obligation to apply the principles that are involved in the organisation of single-sex spaces, where they consider those to be appropriately undertaken.”

When pressed on whether updated guidance is needed, he said: “It’s for individual public bodies and employers to make a judgement about what the arrangement should be in any particular facility.”

Meanwhile Justice Secretary Angela Constance insists the Scottish Government “respects” single-sex spaces.

Speaking on BBC Good Morning Scotland, she said: “The government does respect single-sex places for women and is cognisant of the rights of our diverse population.

“But I am not going to be drawn into conduct proceedings, that is entirely inappropriate on my behalf.”