Nurse's Legal Appeal Unaffected by Departure of Trans Doctor, Lawyers Confirm
Nurse's Appeal Unaffected by Trans Doctor Departure

Nurse's Legal Appeal Unaffected by Departure of Trans Doctor, Lawyers Confirm

Lawyers representing nurse Sandie Peggie have confirmed that the departure of Dr Beth Upton from NHS Fife will not impact an appeal against the findings of a recent employment tribunal. Dr Upton left the NHS at the end of December 2025, as confirmed by the health board, but this change in employment status does not alter the legal proceedings initiated by Ms Peggie.

Background of the Tribunal Case

In December 2025, nurse Sandie Peggie won a claim for harassment in her tribunal against NHS Fife, while other allegations of discrimination were dismissed. The case stemmed from an incident on Christmas Eve 2023 at Victoria Hospital in Kirkcaldy, where Ms Peggie objected to sharing a changing room with Dr Upton, leading to her being placed on special leave following a disagreement between the two.

Ms Peggie had lodged a claim against NHS Fife and Dr Upton under the Equality Act 2010, citing multiple grounds including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation. However, the employment tribunal rejected the claims specifically against Dr Upton, focusing the ruling on the health board's actions.

Appeal and Legal Statements

On Monday, Ms Peggie's legal team issued a statement clarifying that Dr Upton's departure will not affect the notice of appeal they have lodged against the tribunal's findings. The statement read: "Dr Upton leaving the employment of Fife health board will not affect the status of the notice of appeal Sandie Peggie has lodged with the employment appeal tribunal against the findings of the employment tribunal judgment issued in December 2025."

A spokesperson for NHS Fife commented: "NHS Fife can confirm that Dr Beth Upton left the organisation at the end of 2025. As this is a personal employment matter, we will be making no further comment." This response highlights the health board's stance on maintaining confidentiality regarding individual employment issues.

Ongoing Legal Battle and Public Reaction

Ms Peggie has expressed her determination to continue her legal fight, stating she will not be giving up "any time soon" after her partial win in the employment tribunal. Her supporters have also criticised the tribunal for issuing corrections to its original 312-page ruling in her case, with author JK Rowling describing the correction as "absolutely scandalous behaviour."

The case has drawn attention to broader issues of workplace dynamics and legal protections under the Equality Act, with Ms Peggie's appeal set to proceed regardless of Dr Upton's employment status. The legal team's assurance underscores the focus on institutional accountability rather than individual involvement in the ongoing proceedings.