Aspects of the judgment in the Sandie Peggie employment tribunal against NHS Fife are "hugely problematic for women", the nurse's lawyer has claimed.
The Kirkcaldy nurse appeared emotional as she stood alongside her solicitor Margaret Gribbon in Edinburgh in her first public appearance since the judgment was published.
Ms Peggie won against the health board on multiple counts of harassment.
But claims of victimisation and direct discrimination on the basis of her sex were dismissed by the tribunal panel.
Ms Gribbon told journalists outside Edinburgh's Employment Tribunal Service that parts of the judgment left the "onus" on women to stand up for their sex-based rights.
A key issue of contention in the ruling is that the tribunal formed a "balanced" view of the protected characteristics under the 2010 Equality Act.
It argued that it was not "inherently unlawful" for a transgender female to use a changing room that aligned with their chosen gender.
The 300-page ruling also said that Dr Beth Upton - a transgender medic - did not pose any "greater risk" to Ms Peggie by being in the women's changing room at Victoria Hospital in Kirkcaldy than if it had been another "woman assigned female at birth".
In a statement read on behalf of Ms Peggie, journalists were told the nurse was "beyond relieved and delighted" by the judgment, which found NHS Fife to have harassed her.
"The last two years have been agonising for me and my family," the statement said, as an emotional Ms Peggie looked on.
While Ms Peggie's legal team described the judgment as a "huge win for a tenacious and courageous woman," it condemned multiple aspects of the lengthy ruling.
Ms Gribbon said: “Our preliminary thoughts about aspects on 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.”
The nurse at Victoria Hospital in Kirkcaldy was claiming belief discrimination, sexual harassment and victimisation after being dismissed for complaining about sharing a changing room with Dr Upton on Christmas eve.
She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about patient care.
The judgment said NHS Fife had harassed Ms Peggie by failing to revoke Dr Upton's permission to use the female changing rooms until different rota arrangements were in place at the emergency department.
It found that if these reasonable adjustments had been made, the Christmas eve incident could have been avoided.
Read more:
- Judgment delivered in the Sandie Peggie employment tribunal
- Sandie Peggie latest: Key points in a complicated judgment
- Live: Sandie Peggie tribunal judgment - latest news
The ruling also found NHS Fife took an "unreasonable length of time" to investigate the patient safety claims made against Ms Peggie, including allegations she left a patient in a resuscitation unit because of Dr Upton's presence.
The patient care claims only emerged in January 2024 – but the investigation lasted more than a year, with Ms Peggie cleared of an internal probe in July 2025.
However, the tribunal found that the claim of direct and indirect discrimination under the Equality Act 2010 did not succeed.
She also lost on her victimisation claim against the health board, while the ruling stated the claim against Dr Upton also failed.
During the tribunal case, it was claimed that Ms Peggie made reference to Dr Upton's presence in the changing room being similar to transgender people being placed in the female prison estate.
The exact wording of the incident is disputed, but it was alleged the remark was making a comparison to Isla Bryson, a convicted rapist.
The tribunal panel ruled that Ms Peggie's comments had been "attack on the sense of identity" of the transgender medic.
It also said asking Dr Upton about "chromosomes" was a "clear invasion of privacy".
It said: “It was to be expected that the second respondent would take that reference to be an allegation that the second respondent [Upton] was also some for of sexual predator.”
In her statement, Ms Peggie said: “I am beyond relieved and delighted that the Tribunal has found that my employer Fife Health Board harassed me on four separate counts after I complained about having to share a female only changing room with a male colleague.
“The last 2 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."
NHS Fife said it had been a "complex and lengthy process", adding: "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."
Share