AN NHS Fife nurse has been cleared of all internal disciplinary charges, just as her employment tribunal brought against the health board over a transgender doctor using a female changing room is set to resume.
Sandie 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.
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.
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.
In a statement this morning, Peggie's solicitor, Margaret Gribbon, said: “On Tuesday, 14th July, 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 25th June, 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 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 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.
