Sandie Peggie v NHS Fife: Employment tribunal resumes in Dundee on Wednesday

The employment tribunal involving nurse Sandie Peggie and NHS Fife resumes on Wednesday.

Veteran nurse Ms Peggie brought the case against the health board after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her being suspended.

Ms Peggie lodged a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010.

A ten-day hearing was adjourned in February, shortly before the Supreme Court unanimously ruled that a woman is defined by biological sex under equalities law.

Edinburgh & East

Nurse at centre of NHS trans changing room tribunal cleared of misconduct

Sandie Peggie brought case against NHS Fife after her complaint about sharing a changing room with transgender medic led to her being suspended.

On Tuesday evening, Ms Peggie’s lawyer said she had been cleared of the misconduct allegations against her.

Margaret Gribbon said: “On Tuesday, July 15, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld.

“This follows a disciplinary hearing on June 25, which considered four gross misconduct allegations: two relating to patient care failures, one of ‘misgendering’ Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023.

“Sandie is relieved and delighted that this 18-month long internal process has concluded and cleared her of all allegations.”

The tribunal hearings are due to recommence in Dundee on Wednesday morning.

It was revealed earlier this month that NHS Fife has spent more than £220,000 defending itself in the employment tribunal.

The extent of the costs was uncovered following an intervention by Scotland’s information commissioner, who ruled that the health board had failed to comply with freedom of information requests.

Up to the end of March, a total of £220,465.93 was spent on the case, including counsel fees and services from the NHS Scotland’s central legal office.

Information Commissioner David Hamilton said NHS Fife should carry out searches for data on the costs of the case, describing the situation as “frustrating” when freedom of information requests were appealed.

In its response to the requests, the health board said: “These costs will be reclaimed through the national clinical negligence and other risks indemnity scheme (CNORIS).

“Under CNORIS, NHS Fife’s financial liability is limited to £25,000, which ensures that the legal proceedings do not impact frontline clinical or patient services.

“NHS Fife is not in a position to estimate the full cost of proceedings while the tribunal remains ongoing.”

Ms Peggie has publicly welcomed the UK Supreme Court judgment which in April made clear the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.

She said that she “expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only, single-sex spaces in the workplace”.