A Dundee employment tribunal has ruled that the Supreme Court's definition of a woman as biologically female does not automatically make it unlawful for a transgender person to be allowed to use a female changing room at work. The case centred on Sandie Peggie, a nurse who complained about sharing a changing room with a transgender doctor. While the tribunal handed Peggie a narrow win, its judgment also addressed the wider question of whether transgender people must be excluded from same-sex facilities aligned with their chosen gender.
A week earlier, another employment tribunal had reached a similar conclusion, upholding the trans-inclusive toilets policy at aerospace firm Leonardo UK's Edinburgh office. Both rulings, however, are first-instance decisions and do not set a binding precedent. Maria Kelly, who brought the Leonardo case, is appealing, while Peggie is expected to outline her next steps at a press conference on Thursday.
Reactions to the rulings have been sharply divided. Sex Matters, the gender-critical campaign group that initially assisted Peggie, condemned the decisions as fundamentally misunderstanding the law. In contrast, Stonewall's Simon Blake argued that they show a blanket ban on all trans women from women's toilets and changing rooms 'will not necessarily hold up in court.' Trans support groups described the rulings as a 'small glimmer of hope' that the tide of exclusion might be turning, though they acknowledged the broader impact of relentless litigation.
Legal experts say higher courts will ultimately need to resolve the issue. Audrey Ludwig, an equality lawyer and trainer, said the Supreme Court 'essentially confirmed what the law should have been since 2010' but that toilets and changing rooms remain a 'big clash issue.' Melanie Field, who played a key role in drafting the Equality Act, said it is normal for courts to add detail to broad principles. She added that tribunals have taken a 'balanced and nuanced approach' that depends on individual circumstances.
The personal nature of such disputes was highlighted by Ludwig, who said the 'menstruation issue' has not been adequately addressed. In evidence, Peggie explained that on the night of the confrontation with her transgender colleague, she had a heavy period and went to change her clothes, fearing she had bled through her scrubs. Ludwig said this underscores why separate female and male changing rooms and toilets exist.
