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 Wednesday.
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 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.
Employment tribunal hearings took place in Dundee in February and it was then adjourned until July.
Separately, lawyers for Ms Peggie said she has been cleared of gross misconduct allegations following a health board disciplinary hearing on June 25.
Ms Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024, after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year.
The tribunal resumes 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.
The hearing starts again on Wednesday in Dundee and is expected to last 11 days.
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.
Lawyers for Ms Peggie said that separately, she was told on Tuesday evening that she has been cleared of gross misconduct allegations.
Ms Peggie’s solicitor, Margaret 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.”
NHS Fife has been asked for comment.
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