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A Scottish nurse, Sandie Peggie, has secured a partial, yet significant, victory in her high-profile employment tribunal case against her employer, NHS Fife, following a dispute involving a transgender colleague and the use of a women's changing facility. In a comprehensive written judgment released on Monday, the tribunal panel, led by Employment Judge Sandy Kemp, upheld four specific aspects of Ms. Peggie's harassment claim against the health board. Crucially, however, the tribunal unanimously dismissed the bulk of her claims, including those of direct discrimination, indirect discrimination, and victimisation, as well as all claims made directly against the transgender medic, Dr. Beth Upton.
The case stemmed from a disputed confrontation between Ms. Peggie, a nurse with over three decades of NHS service, and Dr. Upton, a junior doctor with the protected characteristic of gender reassignment, in a changing room at Victoria Hospital in Kirkcaldy on Christmas Eve 2023. Following the incident, Dr. Upton made an allegation of bullying and harassment, which led to Ms. Peggie being placed on special leave in January 2024. This suspension initiated an internal investigation that dragged on for 18 months before finally clearing the nurse of gross misconduct allegations in July 2025.
The Harassment Findings Against NHS Fife
The 312-page ruling found that NHS Fife had harassed Ms. Peggie in four distinct ways concerning their handling of the situation and the subsequent internal process. Specifically, the tribunal determined the health board failed to act reasonably in response to Ms. Peggie's complaint regarding the shared changing room.
First, the tribunal ruled that the health board was guilty of harassment by failing to revoke Dr. Upton's permission to use the women's changing room on an interim basis immediately after Ms. Peggie’s complaint. This was deemed necessary until different work rotas could be implemented to ensure the two colleagues would not be working—and therefore changing—at the same time. The court determined that while it was initially lawful for NHS Fife to grant permission for Dr. Upton’s use of the facilities, that lawfulness ceased once a complaint had been raised, necessitating immediate interim alternatives.
Second, the tribunal criticised the health board for the unreasonable length of time it took to conclude its internal investigation into the allegations against Ms. Peggie, a process that lasted well over a year. Third, NHS Fife was found to have harassed the nurse by making reference to patient care allegations against her in March 2024. Finally, the board was found to have harassed Ms. Peggie by initially issuing an instruction that she was not to discuss the case, only clarifying two weeks later that the instruction applied only to the internal investigation itself.
Dismissal of Discrimination Claims and Claims Against Doctor
While Ms. Peggie secured a partial victory on harassment, the tribunal dismissed all her other substantial claims against NHS Fife, including allegations of discrimination, indirect discrimination, and victimisation under the Equality Act 2010.
Furthermore, the tribunal unanimously dismissed every claim lodged against the second respondent, Dr. Beth Upton. The judgment noted that the doctor’s evidence was considered "more reliable and materially more cohesive in nature" and ruled that Dr. Upton had not falsely claimed that Ms. Peggie had harassed them. In fact, the panel concluded that in some of her remarks during the Christmas Eve incident, Ms. Peggie had "impermissibly manifested her gender critical beliefs," noting her use of language she "knew, or ought reasonably to have known, would be offensive." However, the panel also accepted as "entirely genuine" the nurse’s underlying concern "that a person she regarded as male was" using the female facilities.
Following the published judgment, Ms. Peggie expressed relief, stating the finding of harassment was a vindication after two "agonising" years. Her solicitor described the decision as "a huge win for a tenacious and courageous woman standing up for her sex-based rights." NHS Fife, acknowledging the judgment, pointed out that the tribunal had unanimously dismissed all but four specific aspects of the harassment complaint.
A separate hearing will now be convened to determine the remedy—including potential financial compensation—to be awarded to Ms. Peggie for the harassment she was found to have suffered at the hands of the health board. This complex case, heard over multiple sessions in Dundee, has drawn national attention and highlights the ongoing legal and practical challenges facing employers as they navigate conflicts between gender recognition rights and sex-based rights in the workplace.
