Nurse at centre of row over trans doctor cleared of gross misconduct

Yahoo

3 days ago

A nurse who complained about a transgender doctor using a female changing room was cleared of gross misconduct the day before her employment tribunal resumes, according to her solicitor.
Sandie Peggie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, on January 3 2024, after she complained about having to share a changing room with trans medic Dr Beth Upton.
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.'
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.