Before it was changed, the statement appeared to link threats of violence against NHS staff to Sex Matters, the gender-critical campaign group supporting Ms Peggie.
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David Hamilton, the Scottish Information Commissioner, described it as “petulant” and said it “cast doubt” on previous assurances the board had given him.
He even warned that NHS Fife could face contempt of court proceedings in the Court of Session.
In October, the Herald revealed that John Swinney had personally requested a briefing from NHS Fife over the statement.
The confirmation from Fife Health Board that Ms Potter okayed the initial release came in response to further legal action lodged against the board by Ms Peggie’s legal team at employment tribunal.
The nurse is claiming victimisation against the health board and Ms Potter because of the statement.
Her solicitor, Margaret Gribbon, confirmed the nurse was also taking action against the director of people and culture, David Miller, over his “failure since June 2025 to provide Sandie Peggie with assurances that FHB would not permit men, irrespective of their gender identity, access to female single-sex workplace changing rooms”.
The claims lodged against the board include direct discrimination and harassment or victimisation because of its handling of the internal disciplinary process which concluded that there was “insufficient” and “no conclusive” evidence to support all the allegations against the nurse.
NHS Fife revealed last month that the chief executive is to take early retirement.
She has insisted that her decision to stand down in unrelated to the tribunal judgment, which is expected in the next few weeks.
“This is my choice – I am aware of a lot of speculation surrounding it,” she told the board last week. “It is my choice. Given the fact I need to give at least six months’ notice, the timing was always going to be difficult.”
Ms Peggie is suing NHS Fife and Dr Beth Upton after she objected to the transgender medic’s use of the female changing rooms on Christmas Eve in 2023.
She has worked at Victoria Hospital in Kirkcaldy for more than 30 years but was suspended by the health board in January 2024.
An internal investigation cleared her of all gross misconduct allegations in July 2025, days before the employment tribunal resumed in Dundee.
Ms Peggie took her health board to tribunal, alleging harassment and victimisation under the Equality Act 2010 on the basis of her gender critical beliefs.
She opposed a decision by a HR manager to lift Ms Peggie’s suspension in March last year.
Ms Peggie’s legal team said these details only became known during the tribunal evidence.
The verdict in this initial legal battle is expected before Christmas. The latest claims are distinct and will be heard in the new year.
More to follow…