Nurse Sandie Peggie’s barrister said NHS Fife was in “grip of delusion” during closing statements of the NHS nurse’s employment tribunal against her employer and transgender doctor Beth Upton.
Naomi Cunningham told tribunal judge Sandy Kemp the health board had fully onboarded gender ideology and writing policy on the assumption self-ID was the law was “wrong and delusional”.
In addition to the two fortnight hearing blocks heard in February and July, legal teams have today and tomorrow to submit closing statements and address oral and written submissions provided after summer hearings.
Ms Peggie has worked at NHS Fife’s Victoria Hospital for 30 years, but was suspended after complaining about sharing the women’s changing room with Dr Upton – a transgender female – after a series of confrontations between August and December 2023.
Ms Peggie was then placed on special leave after Dr Upton filed allegations of bullying, harassment and negligence in patient care against the nurse.
Ms Peggie later lodged a claim against NHS Fife and Dr Upton alleging sexual harassment, indirect discrimination and harassment relating to a protected belief.
NHS Fife cleared Ms Peggie of misconduct on the eve of the second block of hearings and no action would be taken, 18 months after Dr Upton filed the complaint.
It also announced the cost of its defence exceeded £220,000 in July, before the second hearings block.
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Closing statements in Sandie Peggie’s employment tribunal against her employer and transgender doctor Beth Upton were heard today and will continue tomorrow
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In addition to closing arguments from both legal teams, written submissions from For Women Scotland, TransLucent and Not All Gays will be considered.
Judge Sandy Kemp began the morning forging an agreement to remove Dr Upton’s male name from submissions.
Ms Cunningham summarised Ms Peggie’s case and accused NHS Fife of “undertaking a witch hunt against a nurse of 30 years unblemished service.”
She said: “It has attempted to smear her as a bigot and a transphobe; it tried to drive a wedge between her and her lesbian daughter; it embarked on a smear campaign against her witnesses, it told lies and it has attracted censure from two regulatory boards.
“This behaviour is repugnant.”
Sandie Peggie was the victim of ‘a witch hunt’ by NHS Fife, her lawyers said
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Ms Cunningham also referenced the testimony of NHS Fife equality & human rights lead, Isla Bumba, who told the tribunal in July, “I hazard a guess that I would be female but nobody knows what their chromosomes are.”
The barrister said the session was “one of the most extraordinary moments” of the hearings and Ms Bumba “was taking the tribunal for fools”.
Calling NHS Fife “an organisation in the grip of delusion”, she added, “because it is delusional, it can only be enforced by bullying and that is why Ms Peggie was put to a vicious hearsay hunt.”
Jane Russell KC spoke on behalf of NHS Fife and Dr Beth Upton in the afternoon.
She said, “Although the claimant describes herself as a realist about sex, a careful examination of her case exposes a striking level of unreality.
“The extent of that unreality is demonstrated by a number of inconvenient truths.”
“It is clear that the thrust of her case can only be described as a gender critical campaigning position that seeks to exclude trans women in general – and Dr Upton in particular – from the female changing room.”
Ms Peggie was suspended after complaining about sharing the women’s changing room with Dr Beth Upton (pictured)
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Ms Russell compared Ms Peggie’s claim to a conventional employment claim, which typically focuses on “the reason for the treatment”.
She said Ms Peggie’s case requires an extra step, asking the tribunal to find events occurred because of the nurse’s belief, but also to validate her belief.
“You do not need to do so any more than you need to determine whether the earth was made in seven days in a case about Christian belief,” said Ms Russell, “in the same way you do not need to determine whether there are only two biological sexes.”
In a joint submission from Trina Budge, Marion Calder and Susan Smith, For Women Scotland wrote: “We are concerned about two things, firstly that closing submissions may attempt to re-litigate our case and debate the definitions of “sex, “woman” and “man” in the Equality Act, when these are settled matters in law.”
Additionally, they hope tribunal makes it clear that language like “what For Women Scotland says” is in fact “clear and settled law” and not “contentious”, “a hypothesis” or “in dispute”, otherwise it could render the judgment open to appeal.
Judge Kemp explained to both legal teams that due to other responsibilities, the three-person panel intend to begin deliberations on Ms Peggie’s case on October 14 and have estimated four days to deliberate.
Legal teams will reconvene tomorrow to hear the remainder of Jane Russell KC’s closing statement on behalf of respondents and time for questions and clarifications from Judge Sandy Kemp.