UK (Parliament Politics Magazine) – An employment tribunal ruled that NHS Fife harassed nurse Sandie Peggie after her complaint about sharing a female changing room with transgender doctor Dr Beth Upton at Victoria Hospital, upholding the harassment claim but dismissing discrimination, victimisation, and claims against Dr Upton. The 318-page judgment by Judge Sandy Kemp followed extensive hearings, criticising NHS Fife’s handling while noting Peggie’s language towards Upton constituted harassment.
Tribunal Delivers Landmark Judgment on NHS Fife Case
A tribunal has found that NHS Fife unlawfully harassed veteran nurse Sandie Peggie in a dispute over a transgender doctor using female changing facilities, marking a significant ruling on workplace sex-based rights. The decision, handed down on 8 December 2025, upholds one key harassment claim against the health board but dismisses broader allegations of discrimination and victimisation, as well as all claims against Dr Beth Upton.
Employment tribunal hearings took place in Dundee earlier in 2025 before Judge Sandy Kemp and panel members, spanning over a month with evidence from around 21 witnesses and nearly 3,000 pages of documents. The written judgment, spanning 318 pages, was released on Monday following weeks of deliberation.
As reported by STV News, Sandie Peggie was suspended by NHS Fife after complaining about having to share a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023. She was placed on special leave after Dr Upton alleged bullying, harassment, and raised patient care concerns.
Incident Sparks Changing Room Dispute
The row erupted when nurse Sandie Peggie, with over 30 years at Victoria Hospital, encountered Dr Beth Upton, a junior doctor who is biologically male but identifies as female since 2022, in the female changing room. NHS Fife had granted Dr Upton permission to use the facility, which the tribunal initially deemed lawful.
Peggie lodged a formal complaint, feeling “embarrassed and intimidated,” citing the Equality Act 2010 for claims including sexual harassment, harassment related to protected belief, indirect discrimination, and victimisation against both NHS Fife and Dr Upton. As detailed by PinkNews, Peggie argued her treatment was unlawful, while NHS Fife placed her on special leave without immediate investigation, calling her legal action “unnecessary and vexatious.”
During the incident, the tribunal judgment noted that language used by Ms Peggie was “entirely reasonably found intrusive and highly offensive (to Dr Upton). They went beyond a simple expression of belief and the concern the claimant felt.” It concluded this amounted to harassment of Dr Upton, differing from NHS Fife’s internal disciplinary hearing that cleared Peggie of gross misconduct in July 2025.
Tribunal Findings on Harassment Claims
NHS Fife was found to have harassed Ms Peggie by failing to revoke Dr Upton’s permission to use the female changing room on an interim basis after her complaint, until rotas ensured they did not overlap, resulting in two further shared instances. The board also harassed her through an unreasonably prolonged investigation into allegations against her and by referencing patient care issues on 28 March 2024.
Additionally, as ruled by Judge Sandy Kemp, NHS Fife’s instruction barring Ms Peggie from discussing the case clarified over two weeks later as applying only to the investigation constituted harassment. The tribunal considered the Supreme Court case For Women Scotland v Scottish Ministers, affirming it was not inherently unlawful for a trans woman (biologically male) to use female facilities initially, but alternatives must be addressed post-complaint.
All other claims against NHS Fife were dismissed, including discrimination and victimisation, with no evidence of conspiracy or group disadvantage to female staff only about 6% shared Peggie’s views, several supported Dr Upton. Claims against Dr Upton were unanimously dismissed; the tribunal ruled she did not falsely allege harassment by Peggie, who “impermissibly manifested her gender critical beliefs.”
Once rotas separated their shifts, allowing Dr Upton access was lawful, as no other staff complained. The judgment highlighted a “stark contrast” in support given to Dr Upton post-incident and noted Peggie’s concerns were “brushed off rather than adequately considered.”
Reactions from Sandie Peggie and Legal Team
Reacting to the ruling, Sandie Peggie said: “I am beyond relieved and delighted that the tribunal has found that my employer Fife health board harassed me after I complained about having to share a female-only changing room with a male colleague.” She added: “The last two years have been agonising for me and my family.
I will have much more to say in the coming days once I’ve been able to properly consider the lengthy judgment and discuss it with my legal team. For now, I am looking forward to spending a quiet few days with my family. I’m so grateful to my incredible legal team, Naomi Cunningham lead counsel, Dr Charlotte Elves, junior counsel, and my solicitor Margaret Gribbon. There are many others I would like to thank and will do so in the coming days.”
Solicitor Margaret Gribbon remarked: “The tribunal’s finding that Fife Health Board harassed Sandie Peggie is a significant victory for a determined and brave woman advocating for her sex-based rights. This has been an extraordinarily lengthy and complex legal case.
After hearing evidence for over a month from around 21 witnesses and reviewing nearly 3,000 pages of documents, the tribunal has today issued a 318-page judgment. Given the extensive nature of the judgment and the fact that legal team received it this morning at 10 am, we will not be able to provide detailed comments today, but we will do so later this week.”
NHS Fife Response and Broader Context
A spokesperson for NHS Fife said: “NHS Fife recognises that this has been a complex and lengthy process and acknowledges the careful consideration of Judge Kemp and the tribunal panel. The employment tribunal unanimously dismissed all of the claimant’s allegations against Dr Upton and all of the allegations against the board, apart from four specific aspects of the harassment complaint.
We will now take time to work through the detail of the judgment alongside our legal team to understand fully what it means for the organisation. We want to recognise how difficult this tribunal has been for everyone directly and indirectly involved. Our focus now is to ensure that NHS Fife remains a supportive and inclusive environment for all employees and our patients and to deliver health and care to the population of Fife.”
Earlier, in May 2025, the Scottish Information Commissioner rebuked NHS Fife for refusing to disclose tribunal costs in response to Freedom of Information requests related to Peggie’s case. Bosses face calls to resign over the scandal, with media like BBC and Express highlighting the embattled board.