The Courier today:
https://www.thecourier.co.uk/fp/politics/5299799/sandie-peggie-beth-upton-chaos-nhs-fife/
'New NHS Fife emails uncovered by The Courier can reveal the operational chaos caused by the Sandie Peggie and Beth Upton feud.
Health board chiefs wanted to ensure the nurse and the trans doctor would not work together again following the Christmas Eve 2023 changing row at Kirkcaldy’s Victoria Hospital – the catalyst for this year’s high-profile employment tribunal in Dundee.
And documents submitted to the tribunal lay bare the challenges bosses faced to keep them apart, including several near misses, after Ms Peggie returned from her controversial suspension.
Ms Peggie is suing NHS Fife and Dr Upton over claims she was sexually harassed and discriminated against.
‘Almost impossible’
NHS Fife staff immediately recognised the altercation between Ms Peggie and Dr Upton, born male, would cause staffing headaches during what was already a difficult period.
Esther Davidson, interim clinical nurse manager, admitted it would be “almost impossible” to stop them from crossing paths, according to HR officer Jacqueline Herkes.
In an email dated January 3, 2024, just over a week after the row, Ms Herkes said suspending Ms Peggie should be a “last resort”.
Sandie Peggie – a nurse at Victoria Hospital in Kirkcaldy, arrives at the employment tribunal in Dundee. Image: PA
Other options were floated, including putting the Glenrothes mum on dayshifts or temporarily moving her to another department.
But Ms Herkes was unimpressed after being given advice* *that the A&E nurse should be suspended.
She wrote: “I reiterated our staffing crisis and how it was ludicrous to have a nurse at home, two nightshifts a week”.
Return to work
Ms Peggie’s suspension meant NHS Fife didn’t need to worry about her encountering Dr Upton for months.
However, rota problems soon surfaced when Ms Peggie was told on March 7 her suspension would be lifted.
It was initially proposed that the Victoria Hospital nurse should be moved onto dayshifts to be “supported” by senior staff.
Senior nurse Esther Davidson. Image: NHS Fife.
“I contacted HR on Thursday of last week, to get their take on her return,” said Ms Davidson, one of two line managers Ms Peggie had.
“They felt it was entirely reasonable for her to return and be supported on days, when there is senior staff available, this is also the feeling of both senior charge nurses and myself.”
But Ms Peggie was unwilling to do this, saying she would have to continue working nights for personal reasons.
NHS Fife service manager Charlotte Myles wrote to the A&E medic on March 28 saying a risk assessment determined she should not work at the same time as Dr Upton.
She would resume nightshifts after four weeks as part of a “phased return”.
But Ms Peggie wrote to Ms Myles saying: “I explained why this was so challenging for me and I must state that I do not accept that the conditions imposed by NHS Fife for my return to work are fair or necessary.”
The Fife nurse raised these concerns with her lawyer.
‘Compromise’ found
NHS Fife bosses managed to accommodate both staff members by moving Ms Peggie on to weekend nightshifts.
And on April 2, Ms Myles said a compromise was possible “as long as we can provide senior support” within the emergency department.
Dr Kate Searle arriving at tribunal in Dundee. Image: Steve MacDougall/DC Thomson.
She then asked Dr Kate Searle, Dr Upton’s boss, for a copy of Dr Upton’s shifts before expressing her support for the trans doctor.
Ms Myles added: “We can accommodate SP’s return to work so that Beth will not be on shift at the same time and there will be no opportunity in which SP will have contact with her.
“I fully appreciate your concern, and I am also here to support Beth during this time.”
Dr Searle replied: “Sandie should not be in the department at anytime Beth is, especially at the start/end of shifts ie. Changing room times.”
Near misses
Even after reaching a compromise, Ms Peggie and Dr Upton nearly ended up on the same shifts more than once due to rota mix-ups.
Emails sent by the doctor on September 30 last year reveal two “close calls”.
On the first occasion, Dr Upton was informed at less than 24 hours notice it was “not safe” to work a nightshift because Ms Peggie was down for a shift.
“This caused me a lot of anxiety especially as it was so short notice and hadn’t been noticed by my supervisor, but by one of the senior nurses,” Dr Upton wrote.
Dr Beth Upton. Image: Kenny Smith/DC Thomson.
“It also obviously disrupted my schedule and routine.
“I discussed this with my supervisor who was apologetic and resolved to find any further issues.”
A search by senior staff revealed another shift where the two had been rota’d to work at the same time.
Dr Upton said: “I have had an email from the rota coordinator who took me off the shift but is now asking me when I would like to rearrange the ‘missed’ night shift for.
“Being honest, I am a bit perturbed by this.
“I acknowledge I’m contracted to work a certain number of shifts but I find it difficult to accept that I need to disrupt my schedule to rearrange the shift given that the reason I didn’t work is nothing to do with me.
“It’s unclear if the other person has been asked to swap but given the ongoing legal and internal processes I can understand why the department is reluctant to engage her on this.
“I’m not sure whether this is something I should just accept in this instance and raise later, or whether I should be a bit more stern about it.”
It’s not known when Ms Peggie – currently absent from work – is likely to return.
Tribunal costs
As of June 30, the employment tribunal has already cost NHS Fife more than £258,000.
It’s expected this will have increased significantly during the second round of hearings between July 16 and July 29.
More than a dozen NHS Fife staff members – without even counting Ms Peggie and Dr Upton – have appeared at the tribunal.
Mid Scotland and Fife MSP Murdo Fraser. Image: Shutterstock.
Mid Scotland and Fife Tory MSP Murdo Fraser said the resources the health board had dedicated to the case were “unforgivable”.
“Every day more detail emerges about the failures of NHS Fife in the Sandie Peggie case,” he told The Courier.
“For a cash-strapped health board to waste so many resources defending the indefensible is unforgivable.”
A verdict for the tribunal is not expected until at least December.'