A nurse at Victoria Hospital in Kirkcaldy has been found to have been harassed by her employer, NHS Fife, following her objections to a transgender doctor’s use of the female changing room. The employment tribunal ruling came after Sandie Peggie, who has 30 years of nursing experience, raised concerns about Dr. Beth Upton, a biologically male junior doctor assigned to the hospital’s emergency department.

Mrs. Peggie first voiced her objections within weeks of Dr. Upton starting work, but the health board did not take action. On Christmas Eve 2023, she confronted Dr. Upton in the changing room, which led to Mrs. Peggie’s suspension while an internal investigation took place. The investigation ultimately cleared her of any misconduct.

The tribunal, sitting in Dundee, found that NHS Fife had harassed Mrs. Peggie because it failed to restrict Dr. Upton’s access to the female changing room, despite the ongoing tension. Judge Sandy Kemp noted that allowing Dr. Upton to continue using the facility before a revised work rota was implemented resulted in repeated encounters between the two employees throughout 2023, including the incident on Christmas Eve. The judge also criticised the length of time NHS Fife took to investigate the allegations against Mrs. Peggie as unreasonable.

Mrs. Peggie had filed claims of discrimination, harassment, and victimisation under the Equality Act against both NHS Fife and Dr. Upton. However, all claims except the harassment allegation against the health board were dismissed. The tribunal took into account a recent Supreme Court ruling affirming that, legally, sex is defined biologically. It did not find it unlawful to allow a transgender woman access to the female changing room but stated that the health board failed to uphold Mrs. Peggie’s rights as a biological woman in this context.

Local politicians and advocates have commented on the ruling. Joani Reid, Labour MP for the area, criticised NHS Fife’s handling of the situation, calling for accountability and highlighting the financial costs incurred by the health board. Scottish Conservative equalities spokesman Tess White condemned NHS Fife for attempting to silence the nurse and called attention to the expense of defending the harassment claims. Maya Forstater of the sex-based rights organisation Sex Matters praised Mrs. Peggie’s courage in standing up for women’s privacy and safety in single-sex spaces.

Mrs. Peggie expressed relief at the ruling, describing the past two years as “agonising” for her and her family. Her solicitor, Margaret Gribbon, labelled the outcome a significant victory for her client.

NHS Fife released a statement acknowledging that the tribunal dismissed most of Mrs. Peggie’s allegations but upheld four specific aspects of the harassment claim. The health board affirmed its commitment to maintaining a supportive and inclusive environment for staff and patients.