NHS nurse who complained about trans doctor using female changing rooms cleared of gross misconduct
A nurse at the centre of a landmark tribunal over a transgender doctor using a female changing room has been cleared of gross misconduct, her lawyer has said.
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Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the NHS Fife hospital where they both worked.
She took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 concerning three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.
But just hours before the tribunal was set to continue, Mrs Peggie's lawyer revealed she has been cleared of gross misconduct as part of separate proceedings brought against her.
Margaret Gribbon, her solicitor, said Mrs Peggie is 'delighted' that the 18-month ordeal has come to end, saying she has been cleared of all allegations.
Read more: Changing room row tribunal set to resume
Ms Gribbon, said: “On Tuesday, July 14, 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.”
A hearing starts again on today in Dundee and is expected to last 11 days.
It comes after the UK Supreme Court ruled in April that the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”, a ruling which has been publicly welcomed by Ms Peggie.
Last week, it emerged 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.
NHS Fife said: "NHS Fife can confirm that an internal conduct hearing has concluded in relation to a staff member in our emergency department, following allegations concerning conduct.
"The hearing was held in accordance with the national NHS Scotland conduct policy and followed an investigation into matters.
"It considered several allegations, including regarding interactions between colleagues and patient care.
"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.
"While no formal sanctions have been imposed, the panel concluded that a facilitated reflective practice discussion would be appropriate.'NHS Fife acknowledges that this was a complex and sensitive matter, and we are satisfied that the process has been appropriately followed and is now concluded.
"We remain committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients.
"As this matter relates to an individual member of staff, NHS Fife will not be making any further comment on the outcome."