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A nurse employed by NHS Fife has successfully won a harassment claim after objecting to sharing a female changing room with a transgender colleague. Sandie Peggie, who has been with the NHS for three decades, raised concerns about Dr Beth Upton, a transgender woman who was using the women’s changing facilities at Victoria Hospital in Kirkcaldy. Following her complaints, Ms Peggie faced suspension from her role in the hospital’s A&E department.
An employment tribunal reviewed the case and identified four specific instances in which NHS Fife engaged in harassment against Ms Peggie. However, the tribunal dismissed other allegations of discrimination and victimisation made by Ms Peggie, and it also rejected all claims against Dr Upton. The judgement criticized the health board for not immediately restricting Dr Upton’s access to the female changing rooms and highlighted delays in investigating the concerns brought forward by Ms Peggie. Additionally, the tribunal found fault in the health board’s instructions that forbade Ms Peggie from discussing the matter, as well as the public insinuation that she had endangered patients—actions deemed to be forms of harassment.
In her reaction to the judgement, Ms Peggie expressed relief, calling the previous two years “agonising” for both her and her family. She indicated that she would take time to carefully review the full tribunal decision with her legal advisors before making further comments. NHS Fife, for its part, acknowledged the tribunal’s findings and stated that it would take time to analyze the detailed aspects of the ruling with its legal team. The health board noted that most claims against Dr Upton and other allegations were dismissed, apart from the four harassment points upheld by the tribunal. Scotland’s First Minister commented on the case as well, emphasizing the need to carefully consider the judgement and signaling that the government would look into any broader policy issues arising from it. He also affirmed that any employee is entitled within the law to raise workplace concerns.
Reactions from advocacy groups were divided. The campaign group Sex Matters, which supported Ms Peggie, expressed disappointment with the tribunal’s approach, arguing that clearer guidance was needed for employers about managing single-sex spaces and asserting that employers should have the confidence to deny access to trans women in those settings. Maya Forstater, the organisation’s CEO, described it as a “travesty” that a woman could be criticised for objecting to a man in a women’s changing room. She also called for urgent instructions from the Health and Safety Executive on workplace accommodations. On the other side, discrimination lawyer Robin Moira White, affiliated with the trans-led organisation Translucent, praised the ruling as “very sensible” and “balanced.” She pointed out that the tribunal concluded that Ms Peggie was the one who harassed Dr Upton, not vice versa, and highlighted the need for workplaces to respect the rights of both transgender and gender-critical individuals in ways that accommodate everyone fairly
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