Sandie Peggie v NHS Fife: Nurse at centre of trans changing room tribunal cleared of misconduct

At-a-glance

An employment tribunal brought by a nurse against a health board over a transgender doctor using a female changing room is set to resume
On Tuesday night, Sandie Peggie’s lawyer said NHS Fife had cleared her of all misconduct allegations
Ms Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked
NHS Fife said there was insufficient evidence to support a finding of misconduct
The nurse took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief
Employment tribunal hearings took place in Dundee in February and it was then adjourned until July

A nurse who complained about a transgender doctor using a female changing room has been cleared of gross misconduct as her employment tribunal resumes.

Sandie Peggie brought a case against NHS Fife after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her being suspended on January 3, 2024.

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.

“…panel found that there was insufficient evidence to support a finding of misconduct”
NHS Fife

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

On Tuesday evening, Ms Peggie was cleared of four gross misconduct allegations, confirmed by her lawyer Margaret Gribbon.

A statement read: “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.”

NHS Fife said there was insufficient evidence to support a finding of misconduct.

The health board said it investigated several allegations, including into interactions between colleagues and patient care.

Earlier this year, the tribunal heard, Dr Upton had made an allegation of bullying and harassment against Ms Peggie.

“After reviewing the evidence presented, including written submissions and witness testimony, the panel found that there was insufficient evidence to support a finding of misconduct,” a spokesperson for NHS Fife told STV News.

“While no formal sanctions have been imposed, the panel concluded that a facilitated reflective practice discussion would be appropriate.”

The health board said it was a “complex and sensitive matter” and it was “satisfied” that the process had been appropriately followed and was now concluded.

“We remain committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients,” NHS Fife said.

NHS health board runs up £220,000 legal bill

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”.