Tribunal Rules NHS Fife Harassed Nurse in Trans Changing-Room Dispute

Shiva K Dhakal
National Press Corporation(NPC)
United Kingdom—An employment tribunal has ruled that NHS Fife harassed nurse Sandie Peggie in the aftermath of her complaint about a transgender colleague using a women’s changing room — but dismissed all other allegations made against the health board and rejected every claim against the doctor involved.

Ms Peggie, an A&E nurse at a hospital in Kirkcaldy, was suspended after confronting Dr Beth Upton — a biological male who identifies as a woman — in the staff changing room on Christmas Eve 2023. Dr Upton subsequently reported her for bullying and harassment.

The tribunal accepted Ms Peggie’s argument that she had been subjected to unlawful harassment by NHS Fife, setting out four specific failings in how the health board handled the incident. However, it also concluded that some of Ms Peggie’s own comments during the changing-room exchange “amounted to an incident of harassment” and breached NHS Fife’s bullying and harassment policy.

In its judgment, the panel said the evidence of Dr Upton was “more credible,” describing Ms Peggie’s questioning — including remarks about chromosomes — as “intrusive, confrontational, and a clear invasion of privacy.” The tribunal also rejected Ms Peggie’s claim that she did not understand her comment comparing the doctor to “that person in the prisons” — interpreted as a reference to convicted rapist Isla Bryson — saying her explanation lacked credibility.

The tribunal noted that its finding differed from an earlier internal disciplinary process, which had concluded that there was insufficient evidence to uphold harassment against the nurse. NHS Fife has not yet commented on the ruling.