A veteran NHS nurse in Scotland is determined to continue her legal battle against her employer after an employment tribunal found that she had been subjected to harassment, but dismissed her other claims of discrimination and victimisation.
Sandie Peggie, who has worked for the NHS for 30 years, was suspended from her role in the Accident and Emergency department of a hospital in Kirkcaldy after she complained about a transgender doctor, Beth Upton, using the female changing room. The tribunal ruled that some of Peggie’s comments towards Upton, who is biologically male but identifies as a woman, “amounted to an incident of harassment” and breached the health board’s bullying and harassment policy.
However, all of Peggie’s claims against Dr Upton were rejected, and the tribunal dismissed her other allegations of discrimination and victimisation against NHS Fife. The 312-page judgement has since been amended twice after complaints that a quote used in the original ruling was fabricated and several clerical issues were raised.
Undeterred, Peggie’s legal team has confirmed that they will be appealing the tribunal’s ruling, as well as the two corrected versions. In a statement, they said the appeal will cover the original ruling, the first correction that rewrote a key passage on how protected characteristics are balanced, and a second round of amendments that altered the wording of several substantive paragraphs.
Speaking after the ruling in December, Peggie vowed to continue her legal fight, stating: “Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement I believe falls short in many respects and that is why I certainly won’t be giving up this legal fight any time soon.”
A spokesperson for NHS Fife previously acknowledged Peggie’s right to appeal the tribunal’s decision in line with the established employment tribunal process.
