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In a recent development, lawyers representing a nurse who raised concerns about sharing a hospital changing room with a transgender doctor have criticized the NHS Fife statement on the case as “irresponsible”. The health board released a four-page document online during ongoing evidence in the case brought forward by nurse Sandie Peggie. The statement suggested that the employment tribunal had incited “a threat of physical harm and sexual violence” against NHS staff. Judge Alexander Kemp mentioned that he would review the matter before making any public statements. Following this, Scotland’s information commissioner condemned NHS Fife and hinted at potentially reporting the board to the Court of Session.
David Hamilton expressed dissatisfaction with the statement outlining the tribunal’s costs in detail. He pointed out that on July 18, 2025, NHS Fife released a media statement referencing the commissioner’s decision 133/2025. The commissioner had earlier found that NHS Fife failed to provide information in response to three freedom of information requests regarding the expense of the Peggie tribunal. The commissioner expressed frustration that the actions of NHS Fife led to an inability to address the core issues of the case efficiently. This hindrance affected individuals seeking access to relevant information.
Amid allegations of threatening behavior, a Police Scotland spokesperson mentioned receiving information that was under evaluation. The NHS Fife statement raised several questions and attempts to address them, covering issues ranging from the health board’s involvement in the case to public access limitations during live proceedings. It was disclosed that the tribunal had incurred costs of nearly £259,000 as of June 30, with the health board being responsible for £25,000. Ms. Peggie’s junior counsel, Charlotte Elves, raised concerns about the impact of the statement, labeling it as “irresponsible and potentially unsafe.” Remarks from Jane Russell KC, representing NHS Fife, highlighted the unsafe environment faced by the board’s witnesses as threats were allegedly made to them.
During previous tribunal sessions, Dr. Beth Upton, a transgender woman, shared her distress following an encounter with nurse Sandie Peggie over the use of female changing rooms. Dr. Elspeth Pitt, a consultant in emergency medicine at NHS Fife, testified about Dr. Upton’s emotional state after the altercation with Ms. Peggie, which led to the nurse’s suspension. The tribunal heard that the incident was “unpleasant and painful” for Dr. Upton, who felt cornered and fearful during the encounter. Dr. Pitt, who attended to Dr. Upton after the incident, mentioned providing reassurance and support as they navigated the distressing situation. The tribunal continues to unfold with further testimonies and evidence planned for Monday
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