A Scottish nurse who objected to sharing a female changing room with a transgender doctor has won an employment tribunal ruling that found NHS Fife harassed her. The case concerns Sandie Peggie, 52, who raised concerns about Dr Beth Upton, a transgender woman who is biologically male, using the women-only changing room at Victoria Hospital in Kirkcaldy.

Mrs. Peggie, a nurse with 30 years of unblemished service, first expressed her objections shortly after Dr. Upton, a junior doctor, began working in the hospital’s emergency department in 2023. Despite her complaints to NHS Fife management, no action was taken. On December 24, 2023, Mrs. Peggie confronted Dr. Upton in the changing room and was subsequently suspended pending an internal investigation. That investigation cleared Mrs. Peggie of any misconduct.

In a judgment issued this week, an employment tribunal based in Dundee ruled that NHS Fife had harassed Mrs. Peggie. Employment judge Sandy Kemp found that the health board failed to temporarily revoke Dr. Upton’s access to the female changing room to prevent further encounters between the two staff members until a revised work rota could separate their shifts. The judge also criticized the board for taking an unreasonably long time to conclude the investigation into Mrs. Peggie’s conduct.

Mrs. Peggie had filed claims against both NHS Fife and Dr. Upton alleging discrimination, harassment, and victimization under the Equality Act. All claims except the harassment allegation against NHS Fife were dismissed. The tribunal referenced a UK Supreme Court ruling from April 2024, which clarified legal definitions of biological sex, but noted that permitting a biologically male transgender woman to use the female changing room was not inherently unlawful. The issue, the tribunal held, lay in NHS Fife’s failure to uphold Mrs. Peggie’s rights as a woman in the workplace.

Local Labour Member of Parliament Joani Reid condemned NHS Fife’s handling of the matter, calling for accountability within the health board and criticizing the perceived focus on transgender rights to the detriment of other staff. Similarly, Scottish Conservative equalities spokesman Tess White described NHS Fife’s response as an attempt to silence a nurse standing up for women’s rights, alleging the board wasted public funds defending the harassment claim.

Mrs. Peggie described the tribunal’s decision as a "huge win" and expressed relief after what she called an agonizing two years for herself and her family. Her solicitor, Margaret Gribbon, praised her client’s perseverance. Maya Forstater, director of the sex-based rights charity Sex Matters, commended Mrs. Peggie’s courage and emphasized the importance of safeguarding women’s privacy and dignity in sex-segregated spaces.

NHS Fife issued a statement saying the tribunal dismissed all allegations against Dr. Upton and most of those against the health board, except four specific aspects of harassment. The organisation pledged to maintain a supportive and inclusive environment for all staff and patients moving forward.