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09 December 2025

Nurse Wins Landmark Tribunal Against NHS Fife

A Scottish employment tribunal finds NHS Fife harassed nurse Sandie Peggie over a changing room dispute, igniting national debate on sex, gender, and workplace rights.

On December 8, 2025, an employment tribunal in Scotland delivered a landmark ruling in the case of nurse Sandie Peggie versus NHS Fife, a decision that has already sparked heated debate across the UK and beyond. The judgment found that Peggie was unlawfully harassed by her employer after she raised concerns about sharing a female changing room with a transgender colleague, Dr Beth Upton, at Victoria Hospital in Kirkcaldy. While the tribunal dismissed claims of discrimination and victimisation, its findings on harassment are expected to have wide-reaching implications for workplace policies on sex, gender, and single-sex spaces.

At the heart of the dispute was a question that has divided workplaces and policymakers: who should be allowed to use female-only changing rooms? According to BBC News, Peggie, a nurse with three decades of experience, was suspended in December 2023 after she complained about Dr Upton, a transgender woman and biological male, using the women’s changing room. The suspension followed accusations that Peggie was bullying and harassing her colleague—a move that ultimately led her to take legal action against NHS Fife.

The tribunal, after hearing from more than 20 witnesses and reviewing nearly 3,000 pages of evidence, concluded that NHS Fife had harassed Peggie in multiple ways. Most notably, it found that the health board should have revoked Dr Upton’s permission to use the women’s changing room on an interim basis after Peggie’s complaint. Instead, both continued to work overlapping shifts, which resulted in further uncomfortable encounters. The tribunal also criticized the health board for taking an unreasonably long time to investigate the allegations against Peggie and for instructing her not to discuss the case—a restriction the tribunal deemed as contributing to the harassment.

Another point of contention arose when NHS Fife cited unproven claims that Peggie had put patients at risk, a move the tribunal found amounted to further harassment. However, Peggie’s claims of discrimination, indirect discrimination, and victimisation were dismissed, as were all claims against Dr Upton herself. A separate hearing will determine what remedy, potentially including financial compensation, Peggie will receive.

Peggie expressed immense relief at the outcome. In her statement, she said, "I am beyond relieved and delighted that the Tribunal has found that my employer 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." Her solicitor, Margaret Gribbon, called the tribunal’s decision "a huge win for a tenacious and courageous woman standing up for her sex-based rights." Gribbon noted the complexity of the case, which resulted in a 318-page judgment after over a month of evidence and deliberation.

The case has drawn international attention, not only for its specifics but for what it signals about the evolving legal landscape in the UK. As highlighted by BBC News, this is one of the most high-profile employment tribunals since the Supreme Court’s earlier 2025 ruling that affirmed sex as a biological category under equality law. The Peggie case is seen by many as a test of how lower courts and tribunals will interpret and apply that precedent.

Political reactions have been swift and divided. Scottish Labour MP Joani Reid condemned NHS Fife’s handling of the situation, stating, "What happened to Sandie Peggie was a disgrace. Her harassment has been enabled by a warped NHS culture and fostered by a Scottish Government that refused to listen to women’s concerns." Tess White, the Scottish Conservatives’ equalities spokeswoman, went further, criticizing both the health board and the Scottish government: "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." White also linked the dispute to the Scottish National Party’s gender self-ID policy, which was recently found unlawful by the Supreme Court.

For his part, First Minister John Swinney struck a more measured tone. Speaking to BBC News, he said, "It is important to take time to consider the judgement, that is the role of NHS Fife to do so, and of course the Scottish government will consider any issues that arise out of the judgement for the taking forward of public policy in this area." Swinney added that "individuals with concerns about their employment practice are free within the law to raise any concerns that they have." The Scottish Government, in a statement, said it respected the outcome and would review the judgment in full before commenting further.

NHS Fife itself acknowledged the complexity and sensitivity of the case. A spokesperson said, "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. 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."

The wider impact of the Peggie ruling is already being felt. As BBC News notes, employers across the UK are now on notice that they must balance the rights of all staff in cases involving single-sex spaces. The tribunal’s finding clarified that raising a complaint about sharing a space with a transgender colleague is not, in itself, an act of bigotry or misconduct. Instead, the onus is on employers to respond promptly and even-handedly, ensuring that no one is unfairly targeted or silenced.

The legal and policy landscape remains unsettled. The UK government is currently reviewing guidance from the Equality and Human Rights Commission (EHRC) on the operation of single-sex spaces, after initial guidance was withdrawn following a legal challenge. Another high-profile tribunal in Darlington, involving nurses objecting to a transgender woman using a female changing room, is expected to be decided early next year. Meanwhile, Peggie herself is pursuing further legal action against NHS Fife, its senior leaders, and her trade union, the Royal College of Nursing, which she claims failed to protect her interests.

As these legal battles unfold, and as politicians and activists continue to debate, it is clear that the Peggie case has set a precedent that will shape future workplace practice and public policy. For now, Sandie Peggie has claimed a hard-fought, if partial, victory—and the ripple effects of her case are only just beginning to be felt.