Sandie Peggie: Emails reveal what options were considered in suspending NHS Fife nurse over Beth Upton row
The emails also reveal there were ‘near misses’ between the pair, with Dr Upton being told it was ‘not safe’ to work.
Emails from NHS Fife have revealed other options were considered when suspending nurse Sandie Peggie.
Ms Peggie is suing trans doctor Beth Upton and the health board for sexual harassment over the latter’s use of the female changing rooms at Victoria Hospital in Kirkcaldy.
This comes after Ms Peggie was suspended for bullying and harassment after an incident between the pair in the changing rooms on Christmas Eve in 2023.
Emails now reveal hospital bosses wanted to make sure the pair did not work together after this incident, and show there were several near misses where Dr Upton was told it was “not safe” to work.
HR officer Jacqueline Herkes said Esther Davidson, Ms Peggie’s line manager, told her it would be “almost impossible” to stop Ms Peggie and Dr Upton crossing paths.
Documents published by The Courier show an email sent on January 3, 2024, where Ms Herkes said suspending Ms Peggie should be a “last resort”.
Other options were explored such as putting the nurse on dayshifts or temporarily moving her to another department. Ms Herkes said in an email: “I reiterated our staffing crisis and how it was ludicrous to have a nurse at home, two nightshifts a week.”
When Ms Peggie was told her suspension was lifted on March 7, it was initially proposed she be moved onto dayshifts so she could be “supported” by senior staff, the emails showed.
Her boss Ms Davidson said: “I contacted HR on Thursday of last week, to get their take on her return. They felt it was entirely reasonable for her to return and be supported on days, when there is senior staff available - this is also the feeling of both senior charge nurses and myself.”
Ms Peggie said she was unwilling to do this as she wanted to continue working nightshifts for personal reasons.
Charlotte Myles, service manager at NHS Fife, wrote to Ms Peggie on March 28 saying a risk assessment had determined she should not work at the same time as Dr Upton. It was therefore determined Ms Peggie would return to work on nightshifts after four weeks as part of a “phased return”.
Ms Peggie wrote back to Ms Myles and said: “I explained why this was so challenging for me and I must state that I do not accept that the conditions imposed by NHS Fife for my return to work are fair or necessary.”
On April 2, Ms Myles said a compromise was possible “as long as we can provide senior support” within the emergency department. At this point, Dr Kate Searle, Dr Upton’s line manager, was asked for a copy of Dr Upton’s rota.
Ms Myles said: “We can accommodate [Ms Peggie]’s return to work so that Beth will not be on shift at the same time, and there will be no opportunity in which [Ms Peggie] will have contact with her. I fully appreciate your concern and I am also here to support Beth during this time.”
Dr Searle replied: “Sandie should not be in the department at any time Beth is, especially at the start/end of shifts, i.e. changing room times.”
However, even after this compromise was reached, Ms Peggie and Dr Upton nearly ended up on the same shifts more than once due to rota mix-ups. Emails sent by Dr Upton on September 30 reveal two “close calls”.
On the first occasion Dr Upton was given 24 hours notice that it was “not safe” to work a nightshift because Ms Peggie was scheduled to work a shift.
Dr Upton said: “This caused me a lot of anxiety especially as it was so short notice and hadn’t been noticed by my supervisor, but by one of the senior nurses. It also obviously disrupted by schedule and routine.
“I discussed this with my supervisor who was apologetic and resolved to find any further issues.”
A search by senior staff revealed another shift where the two had been scheduled to work at the same time.
Dr Upton said: “I have had an email from the rota co-ordinator who took me off the shift, but is now asking me when I would like to rearrange the ‘missed’ night shift for. Being honest, I am a bit perturbed by this.
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“I acknowledge I’m contracted to work a certain number of shifts, but I find it difficult to accept that I need to disrupt my schedule to rearrange the shift given that the reason I didn’t work is nothing to do with me.
“It’s unclear if the other person has been asked to swap, but given the ongoing legal and internal processes I can understand why the department is reluctant to engage her on this. I’m not sure whether this is something I should just accept in this instance and raise later, or whether I should be a bit more stern about it.”
The evidence sessions in the Sandie Peggie v Dr Beth Upton/NHS Fife employment tribunal ended last week, after several days of questioning a variety of witnesses.
Ms Peggie was also re-questioned on the final day of evidence sessions where she was asked to defend herself against several accusations of racism, homophobia and transphobia.
The tribunal in Dundee will resume on September 1 for two days of closing oral statements from both Ms Peggie’s lawyer Naomi Cunningham and NHS Fife’s lawyer Jane Russell KC.
A final decision on the outcome of the tribunal is not expected now until the end of the year.
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