NHS Fife harassed nurse Sandie Peggie who complained about trans doctor in female changing room

Key Points

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy, was placed on special leave after a dispute with trans colleague Dr Beth Upton over the use of a female changing room
Upton alleged bullying and harassment, while Peggie claimed discomfort sharing facilities with a trans woman
Peggie lodged claims under the Equality Act 2010 for harassment, belief discrimination, and victimisation. The tribunal began in February 2025, heard extensive evidence in July, and concluded in December 2025
The tribunal ruled that NHS Fife had harassed Peggie by failing to take steps to prevent her sharing changing facilities with Dr Upton after her complaint
Peggie has raised additional claims of victimisation and harassment against NHS Fife’s leadership, including former chief executive Carol Potter and director of people and culture David Miller, relating to media statements and policy assurances

A nurse who complained about sharing a changing room with a trans doctor was harassed by the NHS board that employed her, a tribunal has found.

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, Fife, on Christmas Eve 2023.

She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about patient care.

Ms Peggie lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.

The harassment claim was upheld, but allegations of discrimination, indirect discrimination and victimisation were dismissed.

NHS Fife was found to have harassed Ms Peggie after failing to revoke permission for Dr Upton to use a female changing room on an interim basis, while the two were on the same rota following a complaint by the nurse.

The tribunal also found that the health board had taken an unreasonable length of time to investigate allegations against Ms Peggie and had harassed her by making reference to patient care allegations against her in March 2024.

A judge ruled that NHS Fife’s decision to bar Ms Peggie from discussing the case until she was told over two weeks later that it only applied to the investigation also amounted to harassment.

All other allegations against the Board were dismissed, as was a claim against Dr Upton specifically.

The ruling stated that the Tribunal had considered the effect of the Supreme Court decision in the case of For Women Scotland v Scottish Ministers in reaching its decision.

Initial permission for Dr Upton to use changing room ‘lawful’

The judgment states that the Supreme Court ruling did not result in it being inherently unlawful for a trans female, who is considered biologically male under the Act, to be given permission to use a female changing room at work, but also that having the protected characteristic of gender reassignment did not mean that permission to use the changing room was necessarily lawful.

It was found that it had initially been lawful for NHS Fife to grant permission for Dr Upton to use the changing room, but once a complaint had been made by Ms Peggie, alternatives should have been addressed and the permission should have been revoked on an interim basis.

Once a solution was found, that Ms Peggie and Dr Upton were not at work together or using the changing room at the same time, allowing Dr Upton to use the facilities was lawful as no other staff had complained.

The Tribunal ruled that Dr Upton had not falsely claimed that Ms Peggie had harassed her, as the nurse had in some of her remarks, “impermissibly manifested her gender critical beliefs”.

‘A complex and lengthy process’

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 details 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.”

Following the ruling, Ms 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.

“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.”