Getty ImagesA nurse who confronted a trans doctor in a hospital changing room would not have treated trans patients differently from any other patient, a tribunal has heard.
Charlotte Myles, a clinical service manager at NHS Fife, was tasked with reviewing Sandie Peggie’s suspension following an altercation with Dr Beth Upton – a trans woman – on Christmas Eve 2023.
Ms Myles said she did not have patient safety concerns regarding Ms Peggie, as the nurse’s feelings towards Dr Upton and trans patients in general could not be linked.
Ms Peggie claims her treatment was unlawful under the 2010 Equality Act and brought the case against NHS Fife.
Ms Myles said she asked Ms Peggie how she would treat trans patients and that the nurse told her she would treat them as she would any patient.
Ms Peggie said she “felt sorry” for trans people and Ms Myles deemed there was not any risk from her returning to work.
She believed the nurse would “treat patients as patients”.
Ms Myles was later questioned by Ms Peggie’s lawyer Naomi Cunningham.
The witness said she was “not impressed” with concerns regarding an alleged previous incident where Ms Peggie was accused of walking out on seeing a patient due to Dr Upton’s presence.
Ms Myles said this had not been escalated or reported in the correct manner at the time.
Timeline of the Sandie Peggie tribunal
Ms Myles also said she was told by other members of NHS Fife staff – including Dr Upton’s line manager Dr Kate Searle – that Ms Peggie had previously been involved in racist incidents in the workplace.
However Ms Myles said these incidents had never been escalated or documented, with no times or dates provided for when they occurred.
She added she was not willing to use “third hand information” when deciding whether Ms Peggie should return to her work and that she considered the claims hearsay.
Ms Myles said some of the other senior staff consulted were reluctant to have Ms Peggie return to work at the Victoria Hospital in Kirkcaldy.
Ms Myles said senior staff alleged Ms Peggie apparently supported American President Donald Trump, a noted critic of trans rights.
‘Damage limitation’
Ms Peggie was suspended on 3 January 2024 following the Christmas Eve incident, where Dr Upton said Ms Peggie had referenced Isla Bryson, a rapist who is also transgender.
The tribunal previously heard the encounter left Dr Upton in a distressed state.
Ms Myles was asked to help oversee Ms Peggie’s return to work.
She believed it was “in the best interests of both (Dr Upton and Ms Peggie) to keep them separated”.
The clinical service manager added that this was “damage limitation” given the previous encounter.
She proposed Ms Peggie could work at another hospital, such as the Queen Margaret hospital in Dunfermline, an idea rejected by the nurse.
Another proposal was to have Dr Upton and Ms Peggie work different shift patterns, but Ms Peggie told Ms Myles did not feel she could work day shifts due to having a routine based around her family and looking after her dog.
A compromise was agreed where Ms Peggie would work weekends and be supervised during a phased return to work.
Ms Myles said that as the case was “quite limited” regarding witnesses to the Christmas Eve incident, then what was said in the changing room was a case of “she said/she said.”
The tribunal moved straight to evidence, without any mention of a controversial statement published by the health board on Friday.
