A Fife nurse who challenged a trans doctor for using a female changing room could be sacked this week as she goes before an NHS disciplinary panel.
Kirkcaldy A&E nurse Sandie Peggie brought a case against the health board and medic Dr Beth Upton alleging harassment.
But despite the ongoing tribunal, set to resume in July, Ms Peggie has been told to attend a misconduct hearing on Friday.
The allegation, which threatens to end her 30-year career as a nurse, centres around her objection to Dr Upton using the women’s changing facilities.
‘Misgendering’
The disciplinary panel will consider an internal investigation into Ms Peggie’s “misgendering” of Dr Upton by using male pronouns, the Telegraph reports.
The newspaper said the nurse has been informed she could receive a final written warning, alternatives to dismissal or be fired.
Dr Upton alleges a confrontation on Christmas Eve 2023 where Ms Peggie compared the medic to rapist Isla Bryson.
The detail of the confrontation is disputed, though Dr Upton says it was bullying.
Patient safety allegations
The tribunal heard that Ms Peggie had come across Dr Upton in the female hospital changing rooms on two previous occasions before the Christmas Eve incident.
As well as the allegations of misgendering, it is understood the health board will also consider two complaints that Ms Peggie put patients at risk by refusing to work effectively with Dr Upton.
The nurse has denied these, with her legal team accusing Dr Upton of fabricating them to strengthen the case against Ms Peggie.
Under cross examination Dr Upton denied telling a “pack of lies” to end Ms Peggie’s career as “punishment”.
How can the disciplinary continue when the tribunal is ongoing?
The internal investigation and disciplinary process is separate to the employment tribunal.
Ms Peggie’s brought her case against NHS Fife and Dr Upton before the health board’s disciplinary process had concluded.
She is suing both for harassment, alleging NHS Fife unlawfully forced her to share a changing room with Dr Upton and breached the Equality Act by discriminating against her in its internal investigation.
Further legal proceedings expected
Any further disciplinary action based on the allegations of misgendering or risking patient safety could be challenged.
Ms Peggie’s solicitor has confirmed this, saying: “I can confirm that the handling of the investigation and the decision to proceed to a disciplinary hearing with the allegations will now be the subject of separate legal proceedings in the employment tribunal against Fife health board.”
Law lecturer Michael Foran has argued the revelation the disciplinary process will continue is “shocking” and breaches the principles of natural justice.
