A nurse who raised concerns about sharing a female-only changing room with a transgender doctor has succeeded in part of her employment tribunal claim against NHS Fife, although several of her allegations were rejected.
Sandie Peggie, a nurse of 30 years’ service, took legal action against the health board and transgender medic Dr Beth Upton after being suspended from her role at Victoria Hospital in Kirkcaldy.
The suspension followed a confrontation between the two on Christmas Eve 2023, after which Dr Upton accused Ms Peggie of bullying, harassment, and raised issues about patient care.
Ms Peggie filed a case under the Equality Act 2010, alleging sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation. The hearings were held earlier this year in Dundee before Employment Judge Sandy Kemp.
Tribunal Partially Upholds Harassment Claim For Nurse Against NHS Fife
In a written judgment released on Monday, the tribunal upheld Ms Peggie’s claim of harassment against NHS Fife. However, it dismissed her allegations of discrimination, indirect discrimination, and victimisation. All claims brought against Dr Upton were also dismissed.
Reacting to the judgment, 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.”
She also praised her “incredible” legal team, including lead counsel Naomi Cunningham, junior counsel Dr Charlotte Elves and solicitor Margaret Gribbon.
Findings Against NHS Fife and Next Steps
The tribunal concluded that NHS Fife had harassed Ms Peggie by not withdrawing interim permission allowing Dr Upton access to the changing room after her complaint, resulting in two further occasions where they were present at the same time.
It further found that the board took an unreasonable amount of time to investigate the allegations against Ms Peggie, referenced concerns about patient care on 28 March 2024, and instructed her not to discuss the case—an instruction later clarified to apply only to the investigation.
A separate hearing will now determine whether Ms Peggie will receive financial compensation.
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In a statement, NHS Fife said the matter had been a “complex and lengthy process”. The board added: “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.
“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.”
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