A nurse at the centre of an employment tribunal over single-sex changing facilities has been cleared of gross misconduct following an internal disciplinary investigation, her lawyer has confirmed.
Sandie Peggie, an A&E nurse at NHS Fife, this week received confirmation from the health board that allegations of misconduct, failures of patient care and misgendering were not upheld.
The news that she had been cleared by her employer came on the eve of the resumption of her ongoing employment tribunal against the health board and Dr Beth Upton.
The Dundee tribunal, which is separate to the health board’s internal process, sat for 10 days in February and had been adjourned until now.
Ms Peggie was suspended from her role last year by NHS Fife, after Dr Upton made a formal complaint of bullying against her.
The complaint followed concerns the nurse had raised about sharing a changing room with the medic, who is a transgender woman.
But the nurse has taken Dr Upton and NHS Fife to an employment tribunal, claiming they breached the Equality Act 2010 in relation to three incidents in the changing room and what happened afterwards.
According to a statement released by campaign group Sex Matters, Ms Peggie has been cleared of allegations, including misconduct, failures of patient care and misgendering Dr Upton.
Her lawyer Margaret Gribbon said: “Sandie is relieved and delighted that this 18-month long internal process has concluded and cleared her of all allegations.”
A spokesperson for NHS Fife confirmed that the internal conduct hearing had concluded, and that the panel “found 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, they said.
The spokesperson added: “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.”
Since Ms Peggie’s tribunal began, the UK Supreme Court has unanimously ruled on the definition of biological sex under the Equality Act 2010.
Under the act, it said, a woman is a biological woman or girl (a person born female), while a man is a biological man or boy (a person born male).
Ms Peggie has since called on NHS Fife to respond to the Supreme Court, by acting immediately to “stop permitting any man who identifies as a woman” access to female-only single-sex spaces.
NHS Fife previously said it was awaiting further guidance from the Scottish Government and the Equality and Human Rights Commission on the ruling’s implications for NHS organisations across Scotland.
Meanwhile, Ms Peggie recently urged the Royal College of Nursing (RCN) in Scotland to intervene in her case, alleging that the union had not yet attempted to resolve the matter with her employer.
The RCN said it would not comment on individual cases, but added that it was “working through the existing NHS Scotland partnership structures so that all NHS employers are given appropriate guidance”.
