A nurse who complained about sharing a women's changing room with a transgender doctor has won part of her employment tribunal against NHS Fife. Sandie Peggie, a nurse with more than 30 years of experience, claimed she was unlawfully harassed under the Equality Act when expected to share the facility with Dr Beth Upton at Victoria Hospital in Kirkcaldy.
The tribunal upheld Peggie's harassment claim against the health board but dismissed her claims of discrimination and victimisation. It also dismissed her claim against Dr Upton, whose evidence was deemed 'more reliable and materially more cohesive'. The case centred on an incident on Christmas Eve 2023, after which Upton alleged bullying and raised patient care concerns, leading to Peggie being placed on special leave.
The 312-page ruling found NHS Fife had harassed Peggie by not revoking Upton's permission to use the women's changing room on an interim basis after her initial complaint. It also criticised the board for taking an 'unreasonable' time to investigate patient care allegations, which were not resolved until July 2025. The tribunal accepted Peggie's concern that 'a person she regarded as male was entering a space she regarded as one that was private for those who were biologically female'.
Judge Sandy Kemp noted that the Supreme Court ruling on biological sex was 'not determinative' for changing room use, stating it may be lawful to grant permission to a trans person depending on circumstances. Peggie said she was 'beyond relieved and delighted' at the harassment finding. A hearing to determine the legal remedy will be set later.
