Sandie Peggie to take further action against health board as it is confirmed NHS Fife CEO approved statement
Sandie Peggie’s legal team has confirmed she will take further action against NHS Fife as it is confirmed the health board’s CEO signed off controversial statement
NHS Fife is facing further legal action from gender critical nurse Sandie Peggie as part of her ongoing employment tribunal claims against the health board.
The nurse, who works at Victoria Hospital in Kirkcaldy, Fife, was placed on special leave after transgender colleague Dr Beth Upton made an allegation of bullying and harassment, and cited concerns about “patient care”, following a dispute over use of the female changing room on December 24 2023.
A tribunal began in February after Ms Peggie originally lodged a claim against NHS Fife and Dr Beth Upton, citing the Equality Act 2010.
In August, new legal proceedings were raised against three senior managers who were witnesses in the tribunal, which was heard in Dundee.
In November, additional claims were raised against chief executive of NHS Fife, Carol Potter, and director of people and culture, David Miller.
Ms Peggie’s solicitor Margaret Gribbon announced on Monday that a new claim had been raised over the health board’s handling of an internal disciplinary process – which concluded there was “insufficient” and “no conclusive” evidence to support all the disciplinary allegations.
This was alleged to be direct discrimination because of Sandie Peggie’s “sex realist beliefs”.
Claims of victimisation were also raised against NHS Fife and CEO Carol Potter arising from NHS Fife’s media statement on July 18, which was confirmed to be signed off by Ms Potter.
The 1700-word release was designed to counter what NHS Fife described as “misinformation” around the case, which centres on single-sex spaces provided in the health board’s hospitals.
However, the press release published on the health board’s website drew immediate criticism from Sex Matters, a campaign group supporting Ms Peggie, the Scottish Information Commissioner and the nurse’s legal team.
In a scathing response, David Hamilton, the Scottish Information Commissioner, called the statement “petulant”.
Ms Peggie’s legal team has now said that Ms Potter signed off the first draft of the published statement before it was repeatedly amended.
Scottish Conservative shadow equalities minister Tess White MSP called the revelation a “shocking admission” from NHS Fife that “exposes Carol Potter’s complete lack of judgment”.
“The reckless statement which attacked Sandie Peggie and women’s rights groups should never have seen the light of day, let alone been personally approved by a top boss,” Ms White added.
“It confirms that the outgoing chief executive failed an experienced nurse, betrayed women and wasted huge sums of taxpayers’ money in doing so.”
Russell Findlay, the Scottish Conservative leader, had urged First Minister John Swinney to sack Ms Potter following the release of the statement.
Ms White added: “He refused to do because the board were happy to impose the SNP’s gender self-ID policy on Scotland’s public services.
“As the CEO of NHS Fife prepares to depart, the First Minister should give a guarantee that we will never see a repeat of this shameful episode.”
Ms Potter is taking early retirement but has insisted her departure has nothing to do with the ongoing employment tribunal.
Ms Peggie, an experienced nurse at Victoria Hospital in Kirkcaldy, Fife, announced on Monday she is to take further legal action against her employer.
Dr Upton, who was born male but identifies as a woman, made an allegation of bullying and harassment, and cited concerns about “patient care”, following a dispute over use of the female changing room on Christmas Eve 2023.
A tribunal began in Dundee in February, having been moved from its original location in Edinburgh due to safety concerns.
Ms Peggie’s original claim against both NHS Fife and Dr Beth Upton cited the Equality Act 2010.
In August, new legal proceedings were raised against three senior managers who were witnesses in the tribunal.
The claims are expected to be conjoined onto the existing claim lodged on August 6, according to Sex Matters, which is representing Ms Peggie.
A decision in the original employment tribunal is expected before the end of the year.
NHS Fife has been contacted for comment.
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