Nurse at centre of row over trans doctor cleared of gross misconduct
After Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care', Ms Peggie was suspended but was notified of safety allegations on March 28, 2024 in a letter, the tribunal heard earlier this year.
Ms Peggie has taken 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 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.
The disciplinary hearing was held on June 25 and it 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.
Ms Gribbon said: '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.
'Sandie is relieved and delighted that this 18-month long internal process has concluded and cleared her of all allegations.'
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.'
Scottish Conservative equalities spokeswoman Tess White 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.
'(Health Secretary Neil Gray has repeatedly expressed confidence in the health board. We must urgently hear if that is still his view.
'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 (First Minister) 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.'
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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald Scotland
11 hours ago
- The Herald Scotland
Baillie: Urgent NHS Fife inquiry needed for Sandie Peggie
Ms Peggie is suing her employer and Dr Beth Upton after the nurse at Victoria Hospital objected to sharing a changing room with the transgender medic on Christmas Eve 2023. She was suspended on January 3, 2024, after Dr Upton submitted a complaint alleging bullying and harassment and two patient safety concerns. Ms Peggie was cleared of all four gross misconduct allegations after NHS Fife ruled there was "insufficient evidence". Speaking exclusively to The Herald, Dame Jackie said the Scottish must "end" it, adding there "absolutely" needs to be an independent investigation into the health board. She said: "I can't help but think of the 800,000 people on waiting lists across Scotland, many of whom are from Fife: the delayed discharges, the cancer waiting lists. Read more: "All of them exert the real pressures on the NHS and yet so much time of NHS Fife's senior management team has been devoted to this case." She added: "Sandra is a nurse and we should value our nurses. NHS Fife's primary responsibility is healthcare and dealing with patients, so why are they pitting staff groups against each other? "I also question the sense of NHS Fife being joint defenders in this action and I question the amount of money that's been spent on this and every day. NHS Fife are not covering themselves in glory." NHS Fife's legal costs reached £258,831 on June 30, 2025, but are likely to have soared since the tribunal resumed in July. Dame Jackie condemned the Scottish Government handling of the failed GRR legislation. (Image: Colin Mearns) In February, Dame Jackie, alongside party leader Anas Sarwar, said they would not vote for the GRR Bill "knowing what we know now". Labour MSPs were whipped to support the legislation in 2022, with Carol Mochan and Claire Baker losing their frontbench roles for opposing it. But Dame Jackie told [[The Herald]] that the party backed the legislation because the [[Scottish Government]] gave "reassurances" that all of the complexities would be discussed with the UK Government. Read more: The Scottish Government lost its Court of Session appeal against the UK Government's decision to block the legislation using a Section 35 of the Scotland Act. The court argued that the Scottish legislation would have a significant impact on equality law across the UK, particularly the Equality Act 2010. The Bill aimed to simplify the process for transgender people to obtain legal recognition of their acquired gender. It would have lowered the age for legal recognition and removed the requirement for a medical diagnosis, while also shortening the waiting time. The Scottish Labour deputy leader said: "There is no way on earth that Scottish ministers - and particularly the health minister - knew nothing about what was going to happen. I don't understand why we are still here. Some people believe it should play out, but to be frank, if I was the Scottish Government, I would have ended this. "The issue now is that Sandie Peggie won't be the only person. There will be other health boards and other public bodies. The government needs to move fast on this. It can't wait until after the election." "Practically, we need to see where there has been institutional capture and fix that," she added. "That's what the Scottish Government should do without waiting. I'm now in a place that says we should be inclusive of everybody in society but there's a way of doing it that safeguards the rights of others." Ms Baillie said she "had assurances on the record" that the Scottish Government would liaise with the UK Government. "Our fault was to believe the reassurances we'd been given that there were negotiations going on with the UK Parliament." A spokesperson for NHS Fife said: 'NHS Fife did not initiate the ongoing legal proceedings and is instead defending an action brought against it. 'While we recognise the significance of the ongoing tribunal, the Health Board has never lost sight of its core purpose, which is to provide the best possible healthcare services for the people of Fife. 'Furthermore, we remain committed to ensuring our working environments are respectful, inclusive, and supportive places for all of our staff, while fulfilling our statutory and legal obligations as an employer.' A Scottish Government spokesperson said: "It would be inappropriate to comment further while judicial proceedings in an Employment Tribunal are ongoing. 'This year, we are investing a record £21.7 billion in health and social care including £106 million to help health boards tackle the longest waits and deliver over 300,000 additional appointments."
The Herald Scotland
12 hours ago
- The Herald Scotland
SNP's 'crucial' step forward to tackle 'cowboy' Botox
However, opposition parties have since questioned why it has taken the SNP so long to commit to any action as they call on the Scottish Government to go further. The Scottish Government is currently aiming to introduce a bill this year to regulate the profession following concerns about botched procedures. This includes requiring licenced professionals to administer certain treatments in regulated settings. At the moment, anyone can carry out non-surgical procedures without formal training in Scotland. Mr McMillan, who has championed for tighter regulations in this area, described the Government proposals as a 'crucial step forward in putting patient safety first'. The [[SNP]] MSP for Greenock and Inverclyde told [[The Herald]]: 'For too long, people have been left exposed to unsafe and unregulated practices in the cosmetic procedures industry. 'Whilst it's important we recognise there are skilled practitioners across Scotland who are appropriately qualified and delivering cosmetic procedures, I've also heard first-hand accounts from patients who've suffered due to a lack of proper oversight. I'm proud that the Scottish Government has consulted with businesses, stakeholders and the public, and is taking decisive action. 'This is a crucial step forward in putting patient safety first. These new proposals will protect vulnerable individuals, raise standards across the board and ensure that those carrying out such procedures are properly trained and accountable." The new measures include introducing a minimum age of 18 for all non-surgical cosmetic procedures and a three tier classification system for treatments based on risk level. READ MORE: What is happening with Botox in Scotland? 'Barbietox' social media trend raises Scottish Botox fears Under the proposals, group one procedures, such as microneedling and non-ablative laser treatments, will require both a premises licence and individual practitioner licences issued by local authorities. Meanwhile, group two procedures, including botox and dermal fillers, must be supervised by a qualified healthcare professional in a setting regulated by Healthcare Improvement Scotland (HIS). Stricter measures will be enforced on group three procedures such as breast and buttock augmentation, which would only be allowed to be performed by a qualified healthcare professional in an HIS-regulated setting. The British Association of Aesthetic Plastic Surgeons has said the regulations are a "big step" forward, however, they would like to see more restrictions in place for those administering Botox and other injectables in Scotland. The Scottish Conservatives, have said questions remain as to why it has taken so long to clamp down on 'cowboy practitioners' who risk endangering people's lives as they said they would also like to see the government go further. Scottish Conservative health spokesperson Dr Sandesh Gulhane MSP said: 'Given the prevalence of cowboy practitioners who have operated illegally for years, questions will rightly be raised about why the SNP are only now springing into action. 'This long overdue clampdown will tragically be too late for many patients who have suffered at the hands of rogue practitioners because of the SNP's inaction on this spiralling issue. 'I have seen the devastating consequences of these procedures first-hand which is why SNP must stop dragging their heels and urgently introduce robust legislation to ensure fully registered practitioners are administering safe and licenced products.' The Scottish Greens have welcomed the move from the [[SNP]] and they would like to see cosmetics procedures carried out by those with a medical background. A party spokesperson said: 'Non-surgical cosmetic procedures does not mean they are any less risky or less of a big decision to make. These procedures in many cases have long lasting effects, and often result in permanent changes to someone's physical appearance, that cannot always be fixed by dissolving or waiting for the effects to lessen. 'That is why regulation of the industry is so important, to ensure that these procedures are carried out safely by practitioners with a medical background, who are highly-trained, insured and indemnified, and regulated by a professional medical body. 'Ultimately it is up to individuals if they choose to have these procedures to ensure they do their research beforehand to know the risks, and also to make sure their practitioner is reputable, will carry out consultations and say no if they think it is in your best interest, and are medically trained to help immediately if something goes wrong. 'The Scottish Government has a duty to make people's choices safer by ensuring that the non-surgical cosmetics industry is better regulated for both practitioners and public safety.' Trading Standard leaders have already warned of a 'wild west' of Botox, fillers and Brazilian butt lifts being offered by untrained people in places such as public toilets. The Chartered Trading Standards Institute said there was a need for urgent Government action over unregulated and unlicensed practitioners and treatments, alongside where they can be offered. There is no legislation anywhere in the UK to stop non-healthcare professionals, such as beauticians, from training to use the injectables - although, as a prescription drug, it should not be available to non-prescribers. Training to carry out Botox consists of Level 6 and Level 7 qualifications and these require trainees to observe and then perform Botox procedures under supervision. Labour has said they will continue to scrutinise the proposals as it is "vital" they are robust. Scottish Labour Health spokesperson Jackie Baillie said "Right now it is the Wild West in the world of cosmetic treatments and it is right that action is taken to deal with that vacuum. "It is vital that the SNP gets these regulations right - Ministers must listen to the warnings from experts and ensure its new laws deliver high standards across the industry and protect the health and wellbeing of anyone considering these procedures. "Scottish Labour will continue to scrutinise these changes so we can have confidence that our beauty industry is following the highest standards." Scottish Liberal Democrat health spokesperson Alex Cole-Hamilton MSP said: 'The harms and complications resulting from non-surgical procedures are well-documented, so I am glad that the government are looking at the ways in which these can be addressed. 'If these procedures go wrong, the consequences for peoples' health and wellbeing can be huge, so it is critical that we get regulation in this area right. 'Scottish Liberal Democrats will be considering these proposed measures very carefully. In the meantime, the government must be on the front foot in terms of spelling out the risks and experiences of others, so that people can make informed decisions.'
Scottish Sun
20 hours ago
- Scottish Sun
NHS bosses ‘still on the hook' despite nurse Sandie Peggie's ‘racist' remarks, says Anas Sarwar
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) NHS bosses are still in the firing line over their trans policy even if a nurse at the centre of a tribunal row did make 'racist' remarks, Anas Sarwar said. The Scottish Labour leader said 'horrific' remarks attributed to nurse Sandie Peggie about ethnic minorities does not detract from public bodies' duty to keep biological males out of female changing rooms. Sign up for Scottish Sun newsletter Sign up 4 Nurse Sandie Peggie was accused of making highly racist remarks Credit: Getty 4 She was suspended by NHS Fife for challenging trans Dr Beth Upton (pictured) about using the women's changing room Credit: Alamy 4 Anas Sarwar said Ms Peggie's remarks should not let NHS Fife off the hook Credit: Les Gallagher Ms Peggie has denied claims from two colleagues that she joked about posting bacon through the letterbox of a local mosque, insisting the remark came from a paramedic on the ward. Ms Peggie admitted she had a fear of the mosque being built in Kirkcaldy due to her having concerns about Sharia Law being introduced in the UK. She said did not dislike all Muslims and that her beliefs did not mean she would ever treat patients differently. The nurse, who worked for 30 years with NHS Fife, also said a number of racist jokes in a WhatsApp chat regarding flooding in Pakistan that killed nearly 2,000 people in 2022 was humour, intended to try and shock people. The nurse said she had used derogatory terms to describe people from Pakistan and China because these were common terms when she was growing up. She said people of those ethnicities that she knew were not offended when the terms had been used. MSP Mr Sarwar said: 'Those comments, if they are as attributed, are completely and utterly unacceptable. 'But we have also got to be really careful that we don't distract from the big issues that matter. 'Just because we might find these comments attributed horrific doesn't mean health boards and the Scottish Government should not comply with the Equality Act and protect single sex spaces based on biological sex. 'We can do that while also building a society that is free of prejudice of any kind, including racism, homophobia, transphobia, sexism, antisemitism and Islamophobia.' NATS health secretary Neil Gray today failed to back nurse Sandie Peggie amid a row over single-sex space
