Sandie Peggie, a veteran nurse from Fife, Scotland, has vowed to continue her legal battle after a contentious employment tribunal decision, promising at a Dundee press conference that she "won't be giving up this legal fight any time soon." The dispute, which has ignited debate across the UK, centers on Peggie's suspension from her role in Kirkcaldy hospital's A&E department following her objection to sharing a female changing room with Dr. Beth Upton, a biological male who identifies as a woman.
The saga began on Christmas Eve 2023, when Peggie confronted Dr. Upton in the hospital's female changing room, stating she was uncomfortable with the doctor's presence. The encounter set off a chain of disciplinary actions: Peggie was placed on special leave after Dr. Upton alleged bullying and harassment, and concerns about Peggie's patient care were raised. According to BBC News, Peggie, who has served the NHS for 30 years, insisted, "I just knew instinctively that it wasn't right that women were expected to undress in front of men in private spaces and I still believe this to be the case."
Peggie's legal claim, filed against NHS Fife and Dr. Upton, cited the Equality Act 2010, invoking the rights and protections it affords in workplace environments. The employment tribunal, which convened over several weeks in 2025, culminated in a 312-page judgment released on December 8, 2025. The tribunal found in Peggie's favor on four counts of harassment by NHS Fife but dismissed her other allegations of discrimination and victimization, as well as all claims against Dr. Upton. The judgment concluded that some of Peggie's comments towards Dr. Upton "amounted to an incident of harassment" and breached the health board's bullying and harassment policy.
Speaking at the media conference, Peggie reflected on her journey: "I am not a campaigner and had never heard of the phrase 'gender critical' when I first raised complaints over two years ago about my employer's decision to allow men into female only changing rooms." She added, "Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement I believe falls short in many respects and that is why I certainly won't be giving up this legal fight any time soon."
Peggie's solicitor, Margaret Gribbon, echoed her client's determination, describing parts of the tribunal's findings as "problematic" and warning that the judgment could make it more difficult for women to raise complaints in similar circumstances. Gribbon told reporters, "The judgement places responsibility on female employees to raise complaints if they feel uncomfortable about sharing single sex spaces with men. This ignores industrial realities. When Sandie objected, she was suspended, subjected to an unreasonably lengthy disciplinary investigation and falsely accused of patient care concerns." Gribbon also accused NHS Fife of embarking on an "archaeological dig to find material to discredit her."
Work is already underway on Peggie's appeal, which will be submitted to the Employment Appeal Tribunal in early January 2026. NHS Fife, for its part, acknowledged Peggie's right to appeal, stating, "We acknowledge the claimant's right to appeal in line with the Employment Tribunal process." The health board characterized the tribunal as a "complex and lengthy process" and pledged to review the judgment's details to understand its implications for the organization.
The case took another twist when it emerged that the original tribunal judgment contained a quote attributed to Maya Forstater, chief executive of the sex-based rights charity Sex Matters, which was found to be "completely made up." On December 11, 2025, Forstater publicly challenged the judgment on social media, posting, "This 'quote' from my judgment doesn't come from my judgment. It is completely made up." Following her complaint, the tribunal issued a "certificate of correction," amending the judgment to include an accurate quotation from Forstater's case but leaving the verdict unchanged. Forstater expressed astonishment at the error, stating, "Claimants and witnesses going to court swear to tell the truth, the whole truth and nothing but the truth, and we expect nothing less from the judges." She further remarked, "Errors like this just add to the growing feeling that this is not a sound judgment."
The tribunal's amended ruling reaffirmed that the Equality Act 2010 does not create a hierarchy of protected characteristics. The controversy over the misattributed quote has fueled broader concerns about the reliability of the legal process, with Forstater warning that such mistakes "severely undermine people's confidence in the legal process."
Another layer of complexity in the case comes from recent legal interpretations. The tribunal considered the UK Supreme Court's landmark April 2025 ruling, which clarified that "woman" and "sex" in the Equality Act refer to "a biological woman and biological sex." However, the employment tribunal concluded that this did not make it inherently unlawful—or lawful—for a trans female, who is biologically male, to be granted access to a female changing room at work. Instead, the tribunal recommended that a range of factors should be considered in such workplace decisions.
Peggie's case has drawn support from a wide array of campaigners and organizations, including Maya Forstater, For Women Scotland, Murray Blackburn Mackenzie, Women's Rights Network Scotland, Women Won't Weesht, and the LGB Alliance. At her press conference, Peggie paid tribute to her legal team, friends, family, and the late father she said would be proud of her resolve. "Finally, I want to pay tribute to my late dad who we lost in January and who I know will be looking down on me feeling proud that he, with my mum, raised a daughter who did not and will not weesht," she said, using the Scots word for "stay silent."
The tribunal found that NHS Fife had harassed Peggie by failing to revoke Dr. Upton's permission to use the female changing room on an interim basis, resulting in two occasions where both were present in the facilities. NHS Fife was also found to have harassed Peggie by taking an unreasonable length of time to investigate the allegations against her and by referencing patient care concerns in March 2024. The health board was further criticized for instructing Peggie not to discuss the case, only to clarify the scope of that instruction weeks later.
While Peggie's claim for harassment succeeded against NHS Fife, her discrimination and victimization claims, as well as all claims against Dr. Upton, were dismissed. The tribunal also concluded that some of Peggie's own comments to Dr. Upton breached the health board's bullying and harassment policy. A separate hearing will decide on the "remedy" for Peggie, which could include compensation.
As the appeal process looms, the case continues to spark debate about the balance between single-sex spaces, gender identity rights, and workplace protections. With both supporters and critics watching closely, the outcome of Peggie's appeal may set influential precedents for similar disputes in the NHS and beyond. For now, Peggie stands firm, determined to see her challenge through to the end.
