Sandie Peggie, the nurse who brought a tribunal claim against her employer after she was suspended for complaining about sharing a changing room with a trans woman, has been cleared of gross misconduct.
She was suspended from her role at NHS Fife last year after objecting to Dr Beth Upton, a trans woman, using female facilities.
NHS Fife initiated a disciplinary procedure against Peggie, accusing her of misgendering her colleague and compromising patient safety by refusing to work with Dr Upton.
It has now conceded that there is insufficient evidence to support a finding of misconduct, just as Peggie’s tribunal hearing against the health board resumes.
Sandie Peggie tribunal
Peggie was suspended in January 2024 after working for NHS Fife for more than 30 years. She told the tribunal that she had felt uncomfortable around Dr Upton on three occasions.
On one occasion, Dr Upton began to undress in front of her and Peggie felt “embarrassed and intimidated”, the tribunal heard.
Dr Upton accused Peggie of bullying and harassment, saying: “Trans people are not predators by nature of being themselves.”
Peggie’s lawyer Margaret Gribbon said she had been cleared of all allegations in the internal investigation. The tribunal sat for 10 days in February before being adjourned until today.
She said: “Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.”
In a statement, NHS Fife said: “We remain committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients.”
In April, the Supreme Court clarified the law on gender, unanimously ruling that a woman is defined by biological sex for the purposes of the Equality Act.
The Equality and Human Rights Commission has so far issued an update on the practical implications of this for employers. A consultation on changes to the EHRC’s code of practice, in light of the Supreme Court ruling, closed on 30 June.
In response to the ruling, NHS Fife said it would “take time to carefully consider the judgment and its implications”, but did not indicate it would settle the case with Peggie.
It was recently revealed through Freedom of Information requests that NHS Fife has already spent more than £220,000 defending itself in the tribunal.
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