James CookScotland Editor and
Jonathan GeddesBBC Scotland News
PA Media
Sandie Peggie complained about sharing changing facilities with a transgender doctor
A nurse who complained about sharing a changing room with a transgender doctor has been cleared of gross misconduct following disciplinary proceedings by NHS Fife.
Sandie Peggie was suspended from her role last year after she objected to Dr Beth Upton, who is a transgender woman, using female facilities.
The nurse had faced allegations of misconduct, failures of patient care and misgendering Dr Upton.
NHS Fife said an internal hearing found there was “insufficient evidence to support a finding of misconduct”.
News of the decision came on the eve of the resumption of an employment tribunal in Dundee after a five-month break in proceedings.
Ms Peggie claims her treatment was unlawful under the 2010 Equality Act and has brought a case against the health board and Dr Upton.
NHS Fife and the doctor are defending their actions – at a cost to the public purse so far of at least £220,000 – arguing that they complied with NHS policy.
The tribunal resumed with evidence from Isla Bumba, the equality and human rights officer at NHS Fife.
Ms Bumba said she had been asked for guidance on how the health board should accommodate a trans member of staff, as it did not have any policies in place for the facilities trans staff should use when Dr Upton was hired.
She advised that it could be discriminatory to “not allow a trans person access to facilities that aligned with their gender”.
During the morning session, Ms Bumba said she was asked to write up a policy for NHS Fife regarding trans staff.
She said she based her advice on what other health boards and equality leads were advising at the time and that there was a “general consensus” on the matter among health boards in Scotland and England.
Ms Bumba later added that she had also used the Equality and Human Rights Commission’s statutory code of practice, which was published in 2011.
She said NHS Fife’s lack of policy was partly because it was waiting on the publication of the Once for Scotland guidance, which would deal with standardising workforce practices across the country.
Ms Bumba told the tribunal that national guidance had been sent to health boards in a “soft launch” at the end of last year but was later “pulled” when the employment tribunal started.
Dr Beth Upton made a bullying and harassment complaint to NHS Fife
Ms Peggie, who has worked at NHS Fife for more than 30 years, told the tribunal she had felt uncomfortable around Dr Upton in a changing room at Kirkcaldy’s Victoria Hospi
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