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The recent employment tribunal ruling involving a Scottish nurse who raised concerns about a transgender doctor using a female changing room has drawn attention and sparked debate. Nurse Sandie Peggie successfully brought a harassment claim against NHS Fife, although allegations of discrimination and victimisation were dismissed. The case has been met with contrasting opinions, notably from Baroness Falkner, the former chair of the UK’s Equalities and Human Rights Commission (EHRC), and Robin Moira White, a lawyer representing a trans advocacy group.
Sandie Peggie took legal action after objecting to Dr Beth Upton, a transgender woman assigned male at birth, using the female changing room at Victoria Hospital in Kirkcaldy, Fife. Following Dr Upton’s complaint regarding Nurse Peggie’s conduct, Peggie was suspended from her role. The tribunal determined that NHS Fife had harassed Peggie but found no grounds to uphold other claims against the health board or Dr Upton. Importantly, the tribunal’s decision referenced a prior Supreme Court ruling which defines a woman based on biological sex under equality law, concluding that while this ruling does not inherently prohibit trans women from accessing female changing facilities, it also does not guarantee such access as lawful without further context.
Baroness Falkner, who led the EHRC until recently, described the tribunal’s decision as “unusual and surprising” and, on its face, seemingly incompatible with the Supreme Court judgment. She expressed that if a single-sex facility is provided, it logically follows that it should exclude biological males. Falkner indicated that questions about the tribunal’s findings might prompt an appeal, which she would welcome for the sake of legal clarity. Contrasting this perspective, lawyer Robin Moira White highlighted the extensive and detailed nature of the tribunal’s analysis. Representing the trans-led group Translucent, White emphasized that the judgment was thorough and well-reasoned, noting that many practitioners support the judge’s approach. She also referenced a separate similar case involving discrimination claims linked to a workplace transgender policy, which resulted in a comparable conclusion.
The Equalities and Human Rights Commission, which enforces equality law, has also been involved in guiding policy following the Supreme Court decision. Earlier interim guidance suggested that single-sex spaces in settings such as hospitals and shops should be used only by people of the same biological sex, a stance that led to legal challenges and criticism for being overly simplistic and potentially infringing on transgender rights. This interim guidance has since been withdrawn and replaced with a proposed code of practice. The new code, pending ministerial approval, would allow for consideration of physical appearance or behaviour to determine access to single-sex spaces, aiming to balance the rights of transgender individuals with those of women.
Baroness Falkner described the draft code of practice as a pragmatic solution that would primarily benefit the transgender community by providing clear, practical rules for everyday situations. Meanwhile, UK Women and Equalities Minister Bridget Phillipson confirmed that the government is carefully reviewing the proposals to ensure due process. A government spokesperson reiterated the expectation that all parties must respect the law and consult legal advice when uncertain about applying the Equality Act. The review of the EHRC’s draft code is ongoing as ministers aim to provide definitive guidance following the Supreme Court’s ruling
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