Boswelltoday
Day 10 Afternoon Session - Peggie v NHS Fife & Dr Upton
NHS Fife’s Leadership Runs Out of Road – Tribunal Exposes Institutional Failure
As the tribunal resumed after lunch, the pressure only mounted on NHS Fife’s leadership. The morning’s session had already exposed the institutional cowardice at play, but as the panel and judge pressed further, it became clear just how deep the rot runs. Esther Davidson’s evasions and contradictions continued, but now under the scrutiny of the tribunal panel members, who were clearly becoming less patient with the incoherent justifications and lack of documentation.
The questioning started with basic procedural failures, with Davidson admitting that there was no formal documentation for key decisions, despite suspension being one of the most serious actions an employer can take. Even the judge seemed exasperated, pointing out that, as a senior leader, it was not unreasonable to expect her to keep notes of critical decisions.
But, as with everything in this case, proper process only seemed to apply when it was working against Sandy Peggie, not in her favour. When asked directly, Davidson confirmed that NHS Fife had decided from the start that Dr Upton had an unquestionable right to the female changing room, based solely on advice from Isla Bumba, the Equality and Diversity lead. There had been no meaningful discussion about how this would impact female staff, nor had any consideration been given to practical solutions. Instead, the entire responsibility was placed on Peggie to tolerate the situation, while management washed its hands of any responsibility.
The tribunal panel then turned to another key issue—whether anyone in NHS Fife’s leadership had actually taken the time to investigate what had happened, rather than just assuming Peggie was the problem. It quickly became apparent that the decision to suspend her had been based on assumptions, vague accusations, and hearsay, rather than any proper review of the facts. Davidson could not even remember when she had first seen the formal complaint, and had no idea whether key witnesses had even been spoken to before action was taken against Peggie.
The question of fairness then took centre stage, with the tribunal panel asking why senior charge nurses had not been informed earlier that Peggie had serious concerns. Davidson’s response was another exercise in excuse-making, insisting that she had “passed it on” in an informal manner. Yet, despite being a senior leader responsible for ensuring fair treatment, she had made no effort to confirm that Peggie was properly informed or supported.
The reality is simple: no one in NHS Fife’s management structure wanted to deal with the fallout of telling a male doctor he could not use a female space, so they made Peggie the problem instead.
Then came one of the most revealing moments of the day. The tribunal judge questioned Davidson directly on whether the concerns about Peggie’s conduct were serious enough to justify suspension. Davidson was forced to admit that the guidance she had received from senior leadership was that suspension was only justified if patient care was compromised. But when pushed, she could provide no evidence that patient care had ever been put at risk. Yet again, the justification for punishing Peggie fell apart under scrutiny.
Finally, the afternoon session turned to NHS Fife’s handling of key evidence and procedural delays, with lawyers from both sides locking horns over document requests, forensic examinations of Dr Upton’s phone, and the sheer mess of missing records. It became increasingly obvious that NHS Fife’s leadership had either failed to keep track of critical evidence or was deliberately obstructing its release. The tribunal judge ordered additional submissions and scheduling adjustments, as the case dragged further into July.
By the end of the day, one thing was clear: this is no longer just about a single employment dispute—it is about a systemic failure of leadership. The senior executives and board of NHS Fife have spent months dodging accountability, hoping that Peggie would simply disappear under the weight of bureaucracy and process. But now, with their own managers struggling to explain their decisions, the tribunal is running out of patience. There is no amount of policy jargon, procedural excuses, or activist talking points that can hide the truth forever—and when that truth fully emerges, it will land squarely at the feet of NHS Fife’s leadership.
Thank you all for following along—it's been fun, hasn’t it? We truly appreciate all the engagement, support, and sharp-eyed commentary throughout this tribunal. Your interest and commitment to holding institutions to account make all the difference. We’ll do our very best to be back in July when the hearings resume, and rest assured, we’ll be keeping a close watch on every twist and turn. Until then, take care, and we’ll see you soon! [My paragraphs and line breaks.]
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