Sandie Peggie launches second legal claim against health board in changing room row

Sandie Peggie has launched a second legal action against NHS Fife, as well as two doctors and a nurse manager.

Her solicitor Margaret Gribbon said the new action related to harassment and victimisation of Ms Peggie and was lodged as a result of evidence heard in the original tribunal brought by the nurse.

That initial legal case was lodged after Ms Peggie was suspended after challenging transgender medic Dr Beth Upton in the women's changing rooms in Kirkcaldy's Victoria Hospital where they both worked.

She took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 concerning three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.

Final submissions on that case were made just on Tuesday.

And now she has launched a second action against the health board, as well as senior managers Dr Kate Searle, Dr Maggie Currer and Esther Davidson as a result of evidence they gave.

Ms Gribbon said all were all made aware of the action on August 6 and their responses are expected in the next fortnight.

She added: “The claim arises from these senior managers’ opposition to the decision by another Fife health board (FHB) manager in March 2024 to lift Sandie’s suspension as set out by the evidence of the suspension review manager during the tribunal hearing in July.

"The claim is one of alleged harassment and victimisation under the Equality Act 2010 relating to Sandie’s gender critical beliefs and is a separate legal case from her ongoing claim against FHB and Dr Beth Upton.

"Further claims of harassment and victimisation will also be lodged in the coming months on Sandie’s behalf against FHB and possibly other FHB employees. These additional claims relate to the decision to subject Sandie to a disciplinary hearing process and the issuing of a FHB media statement on 18th July 2025.

"FHB’s Solicitors have been asked to confirm the names of the FHB employees who authorised the media statement in order that consideration can be given to raising legal proceedings against them as individuals. Since 19th July 2025 FHB has failed to respond to repeated written requests to disclose the names."

A spokesperson for NHS Fife said: “NHS Fife can confirm that a second Employment Tribunal claim has been raised against the organisation and members of its staff.

“NHS Fife will provide a formal response to this additional claim in due course.”

The statement Ms Gribbon references was published on NHS Fife's website and revealed it had called in police after a threat of "physical harm and sexual violence" was received by a staff member as the health board defended its actions at the contentious tribunal.

It also criticised the organisation Sex Matters, whose chair Naomi Cunningham represents Ms Peggie in her tribunal claim.

At the time Maya Forstater, chief executive of Sex Matters, said the statement was "an extraordinary intervention from NHS Fife, even by the board's standards. NHS Fife has dug itself into a reputational black hole."

The statement was then edited a number of times. Initially it referred to the involvement of Sex Matters though this was later removed, and a note added saying the board was “not seeking to suggest that Sex Matters have contributed to the behaviour or issues mentioned”. That was also then removed.

The health board has never responded to requests for information regarding who had written it, or edited it or signed it off.

According to Section 4.5 of FHB’s Corporate Communications Policy before being issued, a press release "should be approved by Corporate Communications, who will also arrange sign off with the relevant Executive Director and Chief Executive before release (or their respective deputy where appropriate). Most press releases are written by Corporate Communications based on information and data provided by the relevant service."

Scotland's information watchdog criticised the health board’s "petulant tone" and said the body would investigate whether to report NHS Fife for contempt of court.

Ms Peggie has also launched legal proceedings against her union, the Royal College of Nursing, whom she has accused to failing to support her after she was suspended by NHS Fife over claims she bullied and harassed Dr Beth Upton.

She said she contacted the union for advice, but claimed it "failed to act like a trade union" and "contributed to her mistreatment".

Ms Peggie was cleared of those allegations following an internal investigation by the health board.

The RCN has denied all of Ms Peggie's allegations.