Sandie Peggie's legal team has claimed an employment tribunal judgment applied the "wrong legal analysis" to determine whether a health board could lawfully permit a transgender medic to use the women's changing room.
The Fife nurse instructed her legal team to publish her grounds of appeal on Friday due to "significant public and media interest". Ms Peggie took action against NHS Fife after sharing a changing room with transgender medic Dr Beth Upton at Kirkcaldy's Victoria Hospital in December 2023.
Partial victory and appeal
In December last year, the tribunal awarded Ms Peggie a partial victory, upholding claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation. Her legal team is now appealing against the judgment's decision to dismiss those allegations.
The high-profile case became a flashpoint in a row over gender rights, with a number of gender-critical groups, along with author JK Rowling, voicing vociferous support for the nurse.
Grounds of appeal
Ms Peggie's legal team announced a few weeks ago that an appeal against the findings will be allowed to move forward, with a hearing likely to take place early in the new year. Details of Ms Peggie's notice of appeal were also published on Tribunal Tweets' Substack on Friday.
The appeal claims the employment tribunal judgment applied the "wrong legal analysis" to determine whether NHS Fife could lawfully permit Dr Upton to use the women's changing room. It also claims the judgment "wrongly concluded" it was lawful for Dr Upton to use the women's changing facilities prior to September 16, 2023 and from April 14, 2024 onwards.
Legal arguments and next steps
Ms Peggie's appeal also claimed the judgment "reduced the high threshold of protection" afforded to the nurse's ECHR rights of freedom of thought, conscience and religion, and freedom of expression, and "reached an incorrect or perverse conclusion". The legal appeal invited the employment tribunal to "set aside the judgment" and instead conclude that NHS Fife's conduct in permitting Dr Upton to use the women's changing room had the effect of "subjecting (Ms Peggie) to harassment related to sex".
The appeal argued Ms Peggie was "subjected to unlawful indirect sex discrimination" as a result of the decision to allow Dr Upton to use the women's changing facilities. It also claimed NHS Fife "victimised" Ms Peggie and "harassed (her) for rejecting harassment", contrary to the Equality Act 2010.
Judge James Tayler previously found there was reasonable justification for bringing 13 of the grounds to appeal. However, one of the grounds, which claimed the employment tribunal was "biased" and had not properly carried out its judicial duties, was rejected. Ms Peggie's legal team said on Friday they are set to challenge the decision and request a Rule 3 (10) hearing, which is expected to take place before the full hearing next year.
In a previous statement, her legal team said: "On July 31 2026, the Employment Appeal Tribunal confirmed that Sandie Peggie's appeal against the judgment of the employment tribunal dated December 8, 2025 should now proceed to a full appeal hearing. This follows a decision taken by His Honour Judge James Tayler on July 30 2026 that there are reasonable grounds for bringing 13 grounds of appeal contained in Ms Peggie's notice of appeal dated January 19 2026." NHS Fife has been contacted for comment.
