On December 8, 2025, a lengthy and closely watched employment tribunal delivered its verdict in a case that has ignited fierce debate across the United Kingdom and beyond. The ruling centered on Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy, who was suspended after objecting to sharing a female changing room with Dr. Beth Upton, a transgender doctor. The tribunal found that NHS Fife, Peggie’s employer, had harassed her in several key respects, but dismissed her claims of discrimination and all allegations against Dr. Upton herself.
The roots of the dispute stretch back to Christmas Eve 2023. According to The Times and PinkNews, Peggie confronted Dr. Upton—who was born male but identifies as female—over the use of a female-only changing room. The exchange, which reportedly included derogatory language and offensive questions from Peggie, culminated in Dr. Upton filing a complaint alleging bullying and harassment. NHS Fife responded by placing Peggie on special leave in January 2024, citing concerns about patient care and workplace conduct.
Peggie, supported by the gender-critical group Sex Matters, launched a legal claim under the Equality Act 2010, alleging sexual harassment, harassment related to protected beliefs, indirect discrimination, and victimisation. The case, heard in Dundee before Judge Sandy Kemp, became a lightning rod for debate about the rights of women in single-sex spaces and the treatment of transgender staff in the NHS.
The tribunal’s written judgment, running to an exhaustive 318 pages, was delivered to Peggie’s legal team on the morning of December 9, 2025. It found NHS Fife had harassed Peggie in four specific ways: by failing to revoke Dr. Upton’s interim permission to use the changing room after Peggie’s complaint, by taking an unreasonable length of time to investigate the allegations, by referencing patient care allegations against Peggie on March 28, 2024, and by instructing Peggie not to discuss the case until a later clarification. However, the tribunal dismissed Peggie’s claims of discrimination, indirect discrimination, and victimisation, as well as all claims against Dr. Upton.
In a statement delivered outside the Edinburgh Tribunals Service, Peggie’s solicitor, Margaret Gribbon, described the ruling as “a huge win for a tenacious and courageous woman standing up for her sex-based rights.” Gribbon added, “Although safe to say that our preliminary thoughts are that aspects of the judgment are hugely problematic for women, leaving the onus on them to object when their privacy, dignity and safety are violated when men are given access to single-sex spaces.” She emphasized the extraordinary length and complexity of the case, noting that the legal team would need time to digest the full judgment before making further comments.
Peggie herself expressed profound relief at the outcome. “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 said, as quoted by The Times. “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.” She thanked her legal team—lead counsel Naomi Cunningham, junior counsel Dr. Charlotte Elves, and solicitor Margaret Gribbon—for their support throughout the ordeal.
The tribunal’s findings also addressed the conduct of the internal investigation by NHS Fife, disagreeing with its conclusion that Peggie had likely harassed Dr. Upton during the incident. The judgment stated that Peggie’s actions in the changing room indicated she did not feel threatened by Dr. Upton’s presence, but her concerns had been “brushed off rather than adequately considered” by her employers. The tribunal found no evidence of a conspiracy against Peggie or that Dr. Upton had deleted phone notes, as had been alleged. It also determined that only around 6% of female staff shared Peggie’s views, so there was no group disadvantage to female employees.
NHS Fife, in a statement reported by the BBC and PinkNews, acknowledged the complexity and length of the process and the careful consideration given by 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,” the statement read. NHS Fife said it would review the judgment with its legal team to fully understand its implications. The board also recognized the difficulty of the tribunal for everyone involved and emphasized its commitment to maintaining a supportive and inclusive environment for staff and patients alike.
During the hearings, the issue of pronoun use became a flashpoint. Judge Kemp ruled that while misgendering could be “painful and distressing” for Dr. Upton, it did not constitute unlawful harassment unless done “gratuitously and offensively on a repeated basis.” Jane Russell, representing NHS Fife and Dr. Upton, argued that the use of incorrect pronouns caused “pain” and “harm,” and that “it is simply a matter of courtesy” to use the correct ones. She further stated, “The way the claimant and her representatives are conducting this case is a form of activism, that in my submission, is contributing to a climate of hostility and hatred towards trans people… it shouldn’t be allowed.”
For her part, Dr. Upton told the tribunal, “I’m not interested in vengeance or interested in retribution but instead am interested in justice.” She emphasized, “Trans people are not predators by nature of being themselves.” The tribunal ultimately dismissed all claims against her, finding her testimony credible and noting that her complaint was not made in bad faith.
The case has drawn strong reactions from across the political spectrum. Maya Forstater, chief executive of Sex Matters, 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 equalities spokeswoman Tess White criticized NHS Fife for “trying to silence a nurse who stood up for women’s rights,” while a Scottish Government spokesperson said it respected the outcome and would consider the judgment in full. UK Conservative leader Kemi Badenoch commented on social media, “I’m delighted Sandie Peggie has finally won her case against NHS Fife. It’s ridiculous it took two years to reach a verdict that was so obvious from the start.”
As the dust settles, a separate hearing will determine whether Peggie will receive financial compensation. The case has underscored the complexity of balancing sex-based rights with protections for transgender employees in the workplace. With the Supreme Court having ruled that “woman” under equality law refers to biological sex, the outcome of this case is likely to influence future guidance and policy for single-sex spaces across the NHS and beyond.
For now, Sandie Peggie looks forward to some quiet time with her family, while NHS Fife and the wider health sector reckon with the implications of a judgment that has put the spotlight back on the challenge of reconciling competing rights in a diverse workforce.
