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Sandie Peggie previously announced legal action against NHS Fife in August
The nurse taking a health board to a tribunal over trans women using female changing rooms has launched further legal claims in the case.
Sandie Peggie says Carol Potter, the chief executive of NHS Fife, victimised her in a media statement issued by the health board on 18 July when a tribunal brought by Ms Peggie against the health board and Dr Beth Upton was still hearing evidence.
She also now accuses NHS Fife of discriminating against her, and its director of people and culture, David Miller, of harassment.
This action is separate from her ongoing case with the health board and Dr Beth Upton, whom she took to an employment tribunal. A decision in that case is expected before Christmas.
Ms Peggie was suspended in January 2024 after an altercation on Christmas Eve 2023 in the women’s changing rooms at the Victoria Hospital in Kirkcaldy with Dr Upton – a biological male who now identifies as female.
A tribunal brought by Ms Peggie against the health board and Dr Upton heard from 20 witnesses in sessions that took place in February and July, after the nurse cited the Equality Act 2010.
‘Victimisation’ claim
Legal proceedings were then raised in August against three senior managers who were witnesses in the tribunal – Dr Kate Searle, Dr Maggie Currer and Esther Davidson.
The newest claims – raised on 28 November – include a claim of victimisation against Ms Potter regarding a media statement issued by NHS Fife on 18 July.
The statement posed a number of questions in the form of headlines and then attempted to answer them, covering topics like NHS Fife’s role in the case to the restriction of public access to live proceedings.
At the time Ms Peggie’s lawyers said the statement was irresponsible.
Ms Potter – who is retiring from her role next year – is said in the new claim to have signed off on the statement.
NHS Fife
Carol Potter will leave NHS Fife in summer 2026
The nurse has also claimed harassment against Mr Miller, regarding what she said is his “failure since June 2025 to provide assurances that FHB would not permit men, irrespective of their gender identity, access to female single sex workplace changing rooms.”
She says this is despite him being the lead assessor on an Equality Impact Assessment carried out in September this year, which states toilets and changing rooms “should be used by people whose sex at birth corresponds with the facility”.
Ms Peggie’s claims also include the allegation that she suffered “direct discrimination” because of her “sex realist beliefs” and that she faced “harassment or alternatively victimisation” relating to the internal disciplinary process carried out.
Lawyers for Ms Peggie have asked that the new claim is joined with the August claim against NHS Fife and the three health managers.
Last month details emerged that Ms Peggie is also taking the Royal College of Nursing trade union to a tribunal as well.
A seven-day hearing in Dundee will begin on 23 September, with Ms Peggie having previously claimed the RCN “contributed to her mistreatment” by not supporting her when she was suspended.
A spokesperson from NHS Fife said: “We note the intention to bring further legal proceedings and have referred this to our legal team.”