Sandie Pegie, a nurse who filed a claim with the tribunal against her employer for gross misconduct after being suspended because she complained about sharing a bathroom with a transgender woman, was cleared.
She was fired from her position at NHS Fife after she objected to Dr Beth Upton using the female facilities.
NHS Fife launched a discipline procedure against Peggie. They accused her of misgendering a colleague and compromising the safety of patients by refusing to collaborate with Dr Upton.
The health board has admitted that the evidence is not sufficient to prove misconduct. Peggie’s hearing before a tribunal against it resumes.
Peggie, who had worked for NHS Fife more than 30 year was terminated in January 2024. She testified to the tribunal that on three separate occasions she felt uncomfortable with Dr Upton.
The tribunal heard that Dr Upton had once started to undress Peggie in front of her, and she felt “embarrassed” and “intimidated”.
Peggie was accused of bullying by Dr Upton, who said: “Trans people do not prey on themselves.”
Margaret Gribbon, Peggie’s lawyer, said that she was cleared of all accusations in the internal investigation. The tribunal met for ten days in February, before it was adjourned to today.
Sandie said, “Sandie feels relieved and pleased that this 18-month internal process is now complete and has cleared her of any allegations.”
NHS Fife issued a statement saying: “We are committed to creating a safe, respectful and inclusive working environment for our patients and staff.”
The Supreme Court clarified gender law in April. It ruled unanimously that a woman’s is defined by her biological sex, for purposes of the Equality Act.
The Equality and Human Rights Commission released a update about the practical implications for employers. The consultation to amend the EHRC code of practice in light of Supreme Court’s ruling closed on 30th June.
NHS Fife responded to the decision by saying it would “take the time to carefully review the judgment and the implications” but did not say it would settle with Peggie.
Recent Freedom of Information requests revealed that NHS Fife had already spent over PS220,000 in defending itself at the tribunal.
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