Tribunal upholds harassment claim after nurse challenged trans doctor’s use of female changing room
A nurse who refused to share a female changing room with a transgender doctor has succeeded in part of her legal challenge against NHS Fife. An employment tribunal has upheld Sandie Peggie’s claim for harassment but dismissed her remaining allegations of discrimination and victimisation, as well as all claims brought against the doctor, Beth Upton.
Peggie, who has worked in the NHS for 30 years, was suspended from her role in the A&E department at Victoria Hospital in Kirkcaldy after raising concerns about Dr Upton’s use of a female changing room. Dr Upton is a biological male who identifies as a woman. The tribunal judgment confirms that NHS Fife harassed Peggie in four specific ways, although the other allegations failed.
The tribunal, which took place earlier this year, attracted significant public attention and scrutiny. The dispute centred on workplace arrangements for single-sex facilities, Peggie’s objections to sharing the space and the Board’s handling of events that followed. The nurse argued that her experiences amounted to harassment under the Equality Act 2010 and pursued claims against both her employer and Dr Upton.
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According to the judgment, the tribunal found that NHS Fife had harassed Peggie in four instances. These findings related to steps the Board took after she raised her concerns, though the judgment also made clear that the broader allegations of discrimination and victimisation were not substantiated. All claims brought directly against Dr Upton were dismissed.
Peggie welcomed the outcome, saying the past two years had been “agonising”. NHS Fife said it would take time to examine the tribunal’s findings in full. The judgment itself has not yet been publicly detailed in its entirety.
The case arose after Peggie refused to continue using the women’s changing room while Dr Upton also had access to it. She was suspended from her post early in 2024 when the dispute escalated. Her legal challenge argued that the events that followed, including how the Board responded to her concerns, constituted harassment under the Equality Act.
The tribunal’s conclusions confirm that Peggie achieved only partial success. While her harassment claim was upheld, the broader allegations concerning discrimination and victimisation did not meet the required legal threshold. The dismissal of all claims against Dr Upton draws a distinction between the conduct of the employer and the conduct of the colleague whose access to the changing room triggered the dispute.
The ruling marks the latest development in debates across the public sector about workplace policies involving transgender staff and the allocation of single-sex spaces. Although the tribunal did not determine the legality of such arrangements in a wider context, the decision highlights the obligations on employers when responding to staff concerns raised in sensitive circumstances.
NHS Fife has not yet confirmed whether it will make any changes to its policies or procedures in light of the findings. Peggie’s case may nonetheless influence how similar disputes are managed in healthcare settings and other public-sector workplaces.