A nurse accused of misgendering a transgender doctor has been cleared of gross misconduct as there was “insufficient evidence” to uphold a finding.
Sandie Peggie was suspended from work at Fife’s Victoria Hospital on 3 January 2024, after she complained about sharing a changing room with trans medic Dr Beth Upton.
Dr Upton made an allegation of bullying and harassment and cited concerns about patient care.
Ms Peggie has since taken the health board and Dr Upton to an employment 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.
Tribunal hearings took place in Dundee in February and it was then adjourned until Wednesday.
Hours before it was due to restart, Ms Peggie’s solicitor Margaret Gribbon said the nurse had been cleared of gross misconduct allegations following a separate health board disciplinary hearing.
That hearing was held on 25 June and considered four gross misconduct allegations: two relating to patient care failures, one of misgendering Dr Upton, and one relating to Ms Peggie’s encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023.
In a statement, the health board 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.”
Ms Gribbon said: “Sandie is relieved and delighted that this 18-month long internal process has concluded and cleared her of all allegations.”
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.
