Sandie Peggie, a nurse with over 30 years of service at NHS Fife, has been cleared of gross misconduct allegations after objecting to sharing a female changing room with a transgender woman doctor. The health board confirmed on Wednesday that an internal hearing found insufficient evidence to support a misconduct finding.
The case stems from a December 2023 altercation in the women's changing room at Victoria Hospital in Kirkcaldy, where Peggie encountered Dr Beth Upton, a trans woman. Peggie claimed she felt embarrassed and intimidated, leading to a heated exchange. Upton subsequently complained about Peggie's behaviour, accusing her of misgendering and failures in patient care.
Peggie's solicitor, Margaret Gribbon, said her client was relieved and delighted at the outcome of the 18-month internal process. Peggie had been suspended from work in January 2024. The employment tribunal against NHS Fife, which resumed on Wednesday, is being closely watched amid the recent Supreme Court ruling that the legal definition of a woman in the Equality Act 2010 does not include transgender women with gender recognition certificates.
During the tribunal, NHS Fife's equality lead, Isla Bumba, testified that she advised in August 2023 that barring a trans person from facilities aligned with their gender could be discriminatory. She recommended consulting the individual on their preferences. Bumba denied that the health board's approach forced female colleagues to participate in a pretence, and rejected suggestions she wanted Peggie punished for gender-critical views.
First Minister John Swinney expressed confidence in NHS Fife, which has spent at least £220,000 defending the case. Scottish Labour's deputy leader Jackie Baillie called on the health board to settle the tribunal and end the dispute.
