Tribunal Nurse Says No Bias Against Trans Patients

Overview of the Tribunal Hearing

A nurse who confronted a trans doctor in a hospital changing room claimed she would not have treated trans patients differently from any other patient, according to a tribunal hearing. Charlotte Myles, a clinical service manager at NHS Fife, was tasked with reviewing Sandie Peggie's suspension following an altercation with Dr Beth Upton, a trans woman, on Christmas Eve 2023.

Ms. Myles stated that she did not have concerns about patient safety regarding Ms. Peggie, as the nurse’s feelings towards Dr. Upton and trans patients in general could not be directly linked. Ms. Peggie argued that her treatment was unlawful under the 2010 Equality Act and filed a case against NHS Fife.

During the hearing, Ms. Myles asked Ms. Peggie how she would treat trans patients, and the nurse responded that she would treat them as she would any other patient. Ms. Peggie also mentioned that she felt sorry for trans people, and Ms. Myles concluded there was no risk in allowing her to return to work. She believed the nurse would "treat patients as patients."

Addressing Concerns and Previous Incidents

Ms. Myles was later questioned by Ms. Peggie's lawyer, Naomi Cunningham. The witness expressed that she was "not impressed" with concerns regarding an alleged previous incident where Ms. Peggie was accused of walking out on a patient due to Dr. Upton's presence. Ms. Myles noted that this had not been properly escalated or reported at the time.

She also mentioned that other members of NHS Fife staff, including Dr. Upton's line manager, Dr. Kate Searle, claimed Ms. Peggie had previously been involved in racist incidents in the workplace. However, Ms. Myles pointed out that these incidents were never documented or escalated, with no specific times or dates provided. She emphasized that she was unwilling to rely on "third-hand information" when making decisions about Ms. Peggie's return to work, considering the claims as hearsay.

Some senior staff consulted by Ms. Myles were reluctant to allow Ms. Peggie to return to work at the Victoria Hospital in Kirkcaldy. They alleged that Ms. Peggie supported American President Donald Trump, who is known for his critical stance on trans rights.

Measures to Prevent Further Conflict

Following the Christmas Eve incident, Ms. Peggie was suspended on 3 January 2024. Dr. Upton described the encounter as distressing, as Ms. Peggie referenced Isla Bryson, a rapist who is also transgender. Ms. Myles was asked to oversee Ms. Peggie's return to work, believing it was "in the best interests of both (Dr. Upton and Ms. Peggie) to keep them separated." She referred to this as "damage limitation" given the previous encounter.

Ms. Myles proposed that Ms. Peggie could work at another hospital, such as the Queen Margaret hospital in Dunfermline, but this idea was rejected by the nurse. Another suggestion was to have Dr. Upton and Ms. Peggie work different shift patterns, but Ms. Peggie said she could not work day shifts due to her family routine and dog care responsibilities.

A compromise was reached where Ms. Peggie would work weekends and be supervised during a phased return to work. Ms. Myles noted that the case was "quite limited" regarding witnesses to the Christmas Eve incident, and what was said in the changing room was a case of "she said/she said."

Additional Developments

The tribunal moved straight to evidence without mentioning a controversial statement published by the health board on Friday. Other related stories include a nurse in a trans tribunal suing a union over lack of support and lawyers criticizing the "irresponsible" health board in the trans case. NHS Fife revealed a £220,000 legal bill for the trans row tribunal.