Sandie Peggie’s line manager told an internal investigation she believed the nurse “really doesn’t have a tolerance for anybody transgender”, a tribunal has heard.
Senior charge nurse Louise Curran said Ms Peggie had personally raised concerns about sharing a changing room with a transgender doctor in October 2023, and had also raised it with another line manager at the Victoria Hospital in Kirkcaldy, Fife.
Ms Peggie was suspended after she complained about having to share a changing room with trans medic Dr Beth Upton at the hospital on Christmas Eve 2023.
She was placed on special leave after Dr Upton 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.
On Friday, Ms Curran told the employment tribunal she was not aware of Ms Peggie’s gender-critical views prior to the dispute, but heard rumours she had views on “race and religion, politics” and “intolerance to kinds of food including smells”.
Ms Curran said: “I believe there had been a racist comment to one of our junior doctors but that hadn’t been reported officially.
“I knew Sandie had quite strong beliefs about the transgender situation with Beth – that she shouldn’t be sharing changing room. Sandie approached me in October to highlight the situation.
“She’d already discussed with (fellow line manager) Esther Davidson but wanted to tell me. She said ‘I’m not happy with the situation with Beth changing’. She didn’t feel it was right.
“I was aware she had these concerns as Esther had already advised me. I was aware Esther had spoken to our equality lead. I also stated I would check in with Esther to see if she had had further update on this and if there was any change of policy.”
The witness said she had heard a rumour that Ms Peggie had walked out of a resuscitation unit while working with Dr Upton, and advised her that “alternative facilities existed”, including two toilet cubicles which she suggested Ms Peggie use, the tribunal heard.
During an investigation, she alleged “Sandie really doesn’t have a tolerance for anybody transgender”, the tribunal heard.
Ms Curran said: “I had heard there was a conversation Sandie wasn’t happy about and walked out of a cubicle, but nothing had been brought to me as a manager. It was just another member of staff saying ‘I heard Sandie isn’t very happy about Beth working in the department and walked out of a cubicle and wasn’t very happy about the changing facilities’.”
She said that when she heard about the dispute, she knew who would have been involved, the tribunal heard.
Ms Curran said that along with manager Jamie Doyle, she looked at the equality policy, bullying and harassment policy, and the Nursing and Midwifery Council (NMC) code and made a decision to put Ms Peggie on special leave for one night, citing a possible breach of the professional code.
She said: “It was a serious enough allegation which required investigation and Jamie said I would need to put Sandie on special leave on that shift and I would need to phone her and tell her. Just for one shift for that night.”
She added Dr Upton’s line manager Dr Kate Searle told her “the doctor could be making a complaint to the police about a hate crime”, the tribunal heard.
Ms Curran recalled she phoned Ms Peggie who replied: “Are you referring to conversation I had with Beth? I would hardly call it serious but if you don’t wish me to come into work tonight that’s fine.”
During cross-examination by Ms Peggie’s lawyer, Naomi Cunningham, Ms Curran said: “She was put on special leave for investigation into breach of NMC professional conduct.”
The witness was asked if Dr Upton had an obligation to raise the allegations regarding the resuscitation unit incident.
Ms Cunningham said: “Can you agree it’s an incredibly serious matter, even if no harm came to anybody. Given how serious it was, the suggestion Sandie Peggie was so bigoted she couldn’t even bear to work with Dr Upton, if it’s true, Dr Upton’s failure to raise it with you is a shocking neglect of his duty.”
The witness said: “I can’t speak to why it wasn’t brought to me or colleagues.”
Ms Cunningham said: “If it was false it was a shockingly damaging lie for a doctor to tell about a nurse, If that had been reported to the NMC, that would have been career ending, wouldn’t it?”
Ms Curran said: “I can’t comment on what the NMC would do.”
During re-examination, Jane Russell KC, representing NHS Fife, asked about her allegation that Ms Peggie had an intolerance of transgender people.
Ms Curran said: “That to me was an intolerance to transgender, it wasn’t specifically against Beth, it was just anybody.”
Ms Russell said: “What made you think that she had an intolerance to anybody who was transgender?”
The witness said: “She told me that she didn’t agree with a male changing in female changing room.”
The tribunal continues.
