Tribunal says nurse in trans changing room row was harassed by NHS Fife
But Sandie Peggie's complaints against Dr Beth Upton were dismissed
Last updated 8th Dec 2025
A nurse suspended after objecting to sharing a female changing room with a transgender doctor at Victoria Hospital in Kirkcaldy has won a harassment claim against NHS Fife, the employment tribunal concluded.
Tribunal hearings in Dundee earlier this year upheld Sandie Peggie’s harassment claim but dismissed allegations of discrimination, indirect discrimination, and victimisation brought under the Equality Act 2010.
Ms Peggie, who was placed on special leave following allegations by Dr Beth Upton, a transgender medic, expressed relief with the decision.
"I am beyond relieved and delighted that the tribunal has found that my employer harassed me after I complained about sharing a female-only changing room with a male colleague," Ms Peggie said.
The harassment ruling determined that NHS Fife failed to promptly adjust work arrangements after Ms Peggie raised concerns about sharing the changing room with Dr Upton.
Other examples cited in the judgment included delays in investigating allegations.
Cleared of Allegations
Dr Upton, named in the case as a respondent, was cleared of allegations made against her.
NHS Fife called the process “complex and lengthy” in response to the judgment, adding: "We will now work through the detail of the judgment to understand fully what it means for the organisation."
Ms Peggie was supported by legal counsel throughout the high-profile tribunal case. Her solicitor, Margaret Gribbon, commended her resilience, saying: "This was a win for a tenacious and courageous woman standing up for her sex-based rights."
Maya Forstater, chief executive of sex-based rights charity Sex Matters, which supported Ms Peggie, said: "We are pleased that Sandie Peggie has won her claim of harassment against NHS Fife, and that the hospital trust was criticised for its terrible handling of the complaint against her.
"Overall we are disappointed in the tribunal's approach, which sought to reach a spurious 'balance' between a woman's right to undress with privacy and dignity, and the right of an employee with the protected characteristic of gender reassignment not to be discriminated against."
Scottish Conservative shadow equalities minister Tess White MSP said: "NHS Fife shamefully tried to silence a nurse who stood up for women's rights, then squandered a fortune of taxpayers' money defending their harassment of her.
"The health board have serious questions to answer - and so does John Swinney and Neil Gray, who backed the discredited management team at every turn.
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