Sandie Peggie Cleared Of Disciplinary Charges From Incident Where She Confronted A Trans Woman Using Female Facilities

A nurse who objected to a trans doctor using female facilities has been cleared of internal disciplinary charges by NHS Fife.

Sandie Peggie was suspended from her role last year after being accused of misconduct, failures of patient care and misgendering Dr. Beth Upton.

An internal hearing by NHS Fife found 'insufficient evidence to support a finding of misconduct.'

Peggie's solicitor, Margaret Gibbon, confirmed in a statement that her client had been cleared of all allegations just a day before an employment tribunal raised by Peggie was set to resume in Dundee.

Peggie brought the case against Dr. Upton and NHS Fife due to claims her treatment was unlawful under the 2010 Equality Act. The tribunal sat for 10 days in February and adjourned until 16 July.

What Happened Between Peggie and Upton?

The employment tribunal is focused around an incident that occurred between Peggie and Upton at Victoria Hospital in Kirkcaldy on Christmas Eve, 2023.

Peggie was on her period and was worried she'd bled through her scrubs. When she walked into the A&E department's female changing rooms, she was surprised to see Dr. Upton, a trans woman, there.

Peggie told the tribunal there had been three separate occasions between August and December where she had felt uncomfortable around Dr. Upton in female changing rooms.

However, things came to a head when Dr. Upton started undressing in front of her on Christmas Eve.

Peggie stated that in her view, the doctor was a man and should not be there. The exact words exchanged between the pair are disputed.

Dr. Upton then made a complaint to NHS Fife, leading to Peggie's suspension on 3 January 2024.

NHS Fife Clears Peggie Of Allegations

A separate internal disciplinary investigation took place on 25 June. Several allegations were considered at the hearing, including interactions between colleagues and patient care, of which Peggie was ultimately cleared of.

'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,' NHS Fife said in a statement.

'While no formal sanctions have been imposed, the panel concluded that a facilitated reflective practice discussion would be appropriate,' they added.

Margaret Gibbon confirmed as such in a statement given when she arrived at the tribunal on Wednesday.

'Yesterday evening, my client Sandie Peggie received confirmation from Fife Health Board, her employer, that following a disciplinary hearing, none of the gross misconduct allegations had been upheld,' the solicitor said.

'Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations,' she added.

Decision Made Following Supreme Court Ruling

NHS Fife's decision to clear Peggie of gross misconduct comes just months after the UK Supreme Court ruled the definitions of 'man,' 'woman,' and 'sex' to refer to biological sex in the Equality Act 2010.

'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,' the board said in their statement.

'We remain committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients,' they added.

NHS Fife also said they wouldn't be making further comments on the outcome of the hearing 'as this matter relates to an individual member of staff.'