The nurse at the centre of a landmark employment tribunal has been cleared of all gross misconduct allegations against her, her lawyer has said.
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.
The nurse took the health board and the born-male medic to an employment tribunal, which is set to continue today.
But in a stunning development just hours before it is set to continue Mrs Peggie has been cleared of gross misconduct as part of separate proceedings brought against her.
Margaret Gribbon, her solicitor, said Mrs Peggie has been left ‘delighted’ the 18-month ordeal is over and she has been cleared of all allegations.
Ms Gribbon said: ‘On Tuesday, 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.’
Sandie Peggie (pictured) was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton
Mrs Peggie challenged the presence of transgender medic Dr Beth Upton (pictured) in the women-only changing rooms at the hospital
Mrs 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 first batch of employment tribunal hearings took place in Dundee in February and was then adjourned until today.
It 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’.
Mrs Peggie has welcomed the ruling. The latest set of employment tribunal hearings is expected to last 11 days.
Reacting to Ms Peggie being cleared of gross misconduct, Scottish Conservative shadow equalities minister Tess White MSP said: ‘This decision confirms what we’ve known all along – Sandie Peggie did nothing wrong.
‘NHS Fife’s credibility lies in tatters and senior bosses owe Sandie an immediate and unreserved apology.
‘This dedicated nurse should never have been dragged through a distressing disciplinary hearing for expressing discomfort about sharing a changing room with a biological man.
‘Neil Gray has repeatedly expressed confidence in the health board. We must urgently hear if that is still his view.
The women-only changing rooms referred to in the case were at the Victoria Hospital, Kirkcaldy, Fife
Mrs Peggie (pictured) was suspended from work after Dr Upton made an allegation of bullying and harassment, the tribunal heard earlier this year
Nurse Sandie Peggie alongside gender-critical campaigners Maya Forstater (L) and her solicitor, Margaret Gribbon (R), outside the Scottish Parliament at Holyrood
‘This decision also raises further concerns about the conflict of interest resulting from the same lawyer representing NHS Fife and Beth Upton at the tribunal.
‘Cases like this wouldn’t need to continue if John Swinney finally stepped in and ensured NHS Fife and other public bodies were upholding the Supreme Court ruling and providing single-sex spaces for women.’
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.
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.’
