The nurse at the centre of a tribunal against her employer, NHS Fife, has been asked to attend a conduct hearing and could face dismissal, it has been reported.
Sandie Peggie brought an employment tribunal against NHS Fife after she was suspended for complaining that she had to share a changing room with Dr Beth Upton, a trans woman.
The tribunal heard that Peggie had encountered her colleague in the changing rooms on two occasions, but then on Christmas Eve 2023 she needed to change urgently due to heavy menstrual bleeding and felt “embarrassed and intimidated” by sharing the space.
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Dr Upton then complained to the health board that Peggie’s behaviour had been tantamount to bullying. Peggie was placed on leave and suspended in January 2024.
Her tribunal claim, which has been running for the past two weeks, alleges that she was subject to sexual harassment and that NHS Fife had breached the Equality Act. NHS guidance states that trans men and women may use the changing rooms that align with their gender identity.
Unusually, the employment judge allowed the claimant’s legal team to refer to Dr Upton using male pronouns during proceedings, while the respondents’ team used female pronouns.
The tribunal has now been adjourned until July, but Peggie has been asked to attend a conduct hearing this week for misgendering her colleague. The allegations claim that she repeatedly used male pronouns when referring to Dr Upton, including when speaking to other NHS colleagues.
Following an internal investigation separate from the tribunal proceedings, a panel at NHS Fife will also consider whether Peggie compromised patient safety by effectively refusing to work alongside Dr Upton.
Her legal team claims that Dr Upton fabricated reports of being “cornered” and “harangued” in the changing room by Peggie.
Margaret Gribbon, her solicitor, said: “I can confirm that the handling of the investigation and the decision to proceed to a disciplinary hearing with the allegations will now be the subject of separate legal proceedings in the employment tribunal against Fife Health Board.”
During the tribunal proceedings, Peggie admitted that she had called Dr Upton a male but denied any angry confrontation.
Dr Upton claimed Peggie had subjected her to transphobic harassment, accusing her of raising the case of Isla Bryson, a double rapist who claimed to be a trans woman and was temporarily placed in a women’s prison.
Scottish MSP Murdo Fraser said it was “beyond belief that this dedicated nurse who has given 30 years of service to the NHS is now potentially facing the sack”.
“This sorry saga exposes the stark reality of the Sturgeon-era extremist trans agenda where those who speak out in defence of women and girls’ rights to access single-sex facilities are the ones who are wrongly punished.
“Sandie Peggie has been failed by NHS Fife as well as SNP ministers who have turned a blind eye to this issue and serious questions must be answered about the handling of this case.”
Peggie has since returned to work after the changing room incident but at a different hospital in the trust.
A spokesman for NHS Fife said: “NHS Fife is unable to comment on matters relating to individual staff members for reasons of confidentiality.”
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