NHS Fife has cleared the nurse at the centre of a high-profile tribunal case of all disciplinary charges.
Sandie Peggie was being investigated by the health board after Dr Beth Upton, a trans woman doctor, accused her of a “hate incident” and patient safety breaches following a confrontation in a changing room at Victoria Hospital in Kirkcaldy.
News of the outcome of the internal investigation came just hours before Ms Peggie’s Employment Tribunal against the health board and Dr Upton is due to resume.
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In a statement, Ms Peggie's solicitor, Margaret Gribbon, said: “On Tuesday July 14, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that, following a disciplinary hearing, none of the gross misconduct allegations against her were upheld.
“This follows a disciplinary hearing on June 25, which considered four gross misconduct allegations: two relating to patient care failures, one of ‘misgendering’ Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023.
“Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.”
Ms Peggie was initially suspended following Dr Upton’s complaint about the confrontation on Christmas Eve.
The nurse had experienced a sudden heavy period and was worried she had bled through her scrubs. When she went to the changing room and found Dr Upton there, she stated that, in her view, the medic was a man and should not be in the space.
The specific words exchanged between the two are disputed.
Ms Peggie was placed on special leave on December 30, 2023, and formally suspended on January 4, 2024, following the complaint.
During the investigation, further allegations were made against Ms Peggie, raising “clear fitness to practise questions”.
These included a claim she “walked out of a resuscitation unit when Dr Upton entered, leaving a patient unseen”.
Another allegation involved a “missing patient incident” on December 18, 2023, in which a patient was triaged and left the hospital without being seen. Dr Upton noted that Ms Peggie “did not acknowledge my presence”.
Sandie Peggie has been cleared of gross misconduct charges arising from the internal complaint made against her by Dr Upton. It will be interesting to see if this will change the approach of counsel for NHS Fife and Dr Upton in the Tribunal. https://t.co/b0rOKOQgik
— Michael Foran (@michaelpforan) July 16, 2025
Ms Peggie has consistently denied all wrongdoing, describing the patient safety allegations as “fabricated” and “not true”. Under cross-examination, she suggested Dr Upton was “making them up”.
In a statement, NHS Fife said there was "insufficient evidence" to support any evidence of misconduct.
The implications for the tribunal of the nurse being cleared and the doctor's allegations being dismissed could be significant.
The health board and Dr Upton share a legal team, but taking to X, Michael Foran, the incoming Associate Professor of Law at Oxford University, said their interests may now diverge.
He said it was "hard to see how [counsel for NHS Fife and Dr Upton] Jane Russell KC can continue to argue that Sandie Peggie harassed Dr Upton and endangered patient safety when one of her clients has now determined this didn’t happen.
"This last reiterates the tension between NHS Fife and Dr Upton. It’s probably still in Dr Upton’s best interests to argue that Sandie Peggie engaged in harassment and endangered patients safety. It’s very hard to see how that’s still in NHS Fife’s best interests."
A spokesperson for NHS Fife said: "NHS Fife can confirm that an internal conduct hearing has concluded in relation to a staff member in our Emergency Department, following allegations concerning conduct.
"The hearing was held in accordance with the national NHS Scotland Conduct Policy and followed an investigation into matters. It considered several allegations, including regarding interactions between colleagues and patient care.
"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. While no formal sanctions have been imposed, the panel concluded that a facilitated reflective practice discussion would be appropriate.
"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. We remain committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients.
"As this matter relates to an individual member of staff, NHS Fife will not be making any further comment on the outcome."
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