The nurse embroiled in an employment tribunal over a trans doctor using female changing rooms is accusing a second NHS Fife doctor of victimisation and harassment.
In the latest twist in the landmark legal action, Sandie Peggie’s lawyers have asked the employment tribunal judge to bring in Dr Kate Searle as a third ‘respondent’ in the case.
They allege that the A&E consultant harassed the 50-year-old nurse by condemning Ms Peggie’s actions to a number of consultants before an investigation had even taken place.
Mrs Peggie was suspended by NHS Fife after she challenged the presence of Dr Beth Upton, who was born a biological man, in the women-only changing rooms at the Victoria Hospital, Kirkcaldy.
She is arguing at an employment tribunal that being forced to change next to Dr Upton broke the Equality Act.
She has lodged a claim against the health board and Dr Upton alleging sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation.
Dr Searle – Dr Upton’s line manager and confidant – is now set to be brought into the firing line will likely further heap pressure on the health board.
It comes amid questions over the spiralling cost of the tribunal to taxpayers.
Nurse Sandie Peggie was suspended by NHS Fife after she challenged the presence of Dr Beth Upton in the women-only changing rooms at a hospital
Dr Beth Upton, born a man, claims she was victimised by Mrs Peggie
On Tuesday, NHS Fife claimed it could not release the true cost of its legal bill relating to the tribunal in response to a freedom of information request submitted by The Mail on Sunday.
But insiders estimated that the legal costs – paid for by the public purse – will reach six figures and as much as £250,000.
If the judge agrees to bring Dr Searle in as a third respondent, her legal costs will also be met by the under-fire health board.
Mrs Peggie’s ordeal began in August 2023 when she first saw Dr Upton using the female changing room at the hospital.
It culminated on Christmas Eve that year when the nurse entered the changing room to find the doctor starting to undress.
Ms Peggie, who began working for Fife Health Board in 1994, said she told Dr Upton it was ‘unacceptable’ the medic was there, that she was ‘embarrassed and intimidated’ and she did not think ‘he should have been in there’.
A few days later she was suspended and put on leave.
After the incident, the tribunal heard that Dr Upton emailed Dr Searle in the early hours of Christmas Day to express she did not ‘feel safe using the changing rooms’ while Ms Peggie was there.
The doctors then met on December 29 and after this Dr Searle emailed senior staff at the hospital to tell them about ‘next steps’ and not to have Mrs Peggie and Dr Upton on the same shift.
She wrote in an email that three other staff were to ‘to inform SP [Mrs Peggie] that her actions were unacceptable and to make a plan to go forward’, the tribunal heard.
Another email from Dr Seale sent on December 30 to another member of staff thanked them for their support and suggested she had engaged in a long talk with Dr Upton and Dr Upton ‘knows that we condemn SPs [Mrs Peggie’s] actions’.
The friends are also said to have discussed reporting Mrs Peggie to police for potential criminality for ‘misgendering’ the medic.
Ms Peggie’s team believes that Dr Searle’s circulars condemning their client’s actions to a number of health board consultants before an investigation into her alleged behaviour took place constituted victimisation and harassment.
Her solicitor Margaret Gribbon confirmed the application had been made to the tribunal judge that Dr Searle be made the third respondent and included in the case.
A spokesman for NHS Fife said: ‘NHS Fife did not initiate the ongoing legal proceedings and is instead defending an action brought by the claimant in this case.
‘Central Legal Office, which is part of NHS Scotland, provides comprehensive legal services to Health Boards and other public bodies and is representing NHS Fife in this action. NHS Fife also is part of the Clinical Negligence and Other Risks Indemnity Scheme (CNORIS), which protects members against financial losses. Any other quoted costs associated with NHS Fife defending the ongoing Employment Tribunal case at this stage should be regarded as speculative.’
