Transgender changing room row nurse cleared of misconduct as tribunal resumes

The nurse at the centre of an employment tribunal over a transgender doctor using a female changing room has been cleared of all gross misconduct allegations.

Sandie Peggie was suspended by NHS Fife last year after she objected to sharing a changing room with transgender medic Dr Beth Upton. In a statement released by campaign group Sex Matters, Ms Peggie's solicitor said the nurse had been cleared of four gross misconduct allegations.

Solicitor Margaret Gribbon said: "On Tuesday 14 July, 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 25 June, 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." NHS Fife confirmed there was "insufficient evidence to support a finding of misconduct". Ms Peggie is currently taking action against NHS Fife and Dr Upton, lodging a complaint of sexual harassment or harassment related to a protected belief under the Equality Act 2010.

The employment tribunal is set to resume on Wednesday following earlier hearings that took place in Dundee in February. Read more:Trans doctor felt 'unsafe and upset' after nurse's commentsTrans doctor 'continued to use female changing rooms after row' It comes after the UK Supreme Court ruled in April that the definition of a "woman" and "sex" in the Equality Act 2010 refers to "a biological woman and biological sex".

Last week it emerged NHS Fife has spent more than £220,000 up to the end of March defending itself against Ms Peggie's action. The extent of the costs was uncovered after the health board was rebuked by Scotland's information commissioner for failing to comply with its freedom of information (FOI) duties.

NHS Fife said the costs would be reclaimed through the national clinical negligence and other risks indemnity scheme (CNORIS), with the health board's financial liability limited to £25,000. In relation to the gross misconduct allegations, NHS Fife said: "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." First Minister John Swinney later said NHS Fife had his "confidence and support" following Scottish Tory MSP Tess White's accusation that the health board's "credibility lies in tatters".

Mr Swinney added: "It is important that these processes are fair to all parties and that is what has been taken forward here and it has reached its conclusion. "There is obviously an employment tribunal that has been brought by Sandie Peggie that is currently under way.

"It's not appropriate for me to comment on the live proceedings that are under way in that process.".