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An employment tribunal ruled that NHS Fife harassed nurse Sandie Peggie by continuing to allow Dr Beth Upton to use female changing facilities after Peggie complained, by taking an unreasonable length of time to investigate allegations against her, by referencing patient care allegations and by instructing her not to discuss the case publicly.

An employment tribunal ruled that NHS Fife harassed nurse Sandie Peggie by continuing to allow Dr Beth Upton to use female changing facilities after Peggie complained, by taking an unreasonable length of time to investigate allegations against her, by referencing patient care allegations and by instructing her not to discuss the case publicly.

The tribunal dismissed all claims Peggie brought against Dr Beth Upton and found that Upton had not falsely claimed Peggie was guilty of harassment, with the tribunal preferring Upton's evidence regarding the Christmas Eve 2023 changing room confrontation at Victoria Hospital in Kirkcaldy.

The tribunal dismissed all claims Peggie brought against Dr Beth Upton and found that Upton had not falsely claimed Peggie was guilty of harassment, with the tribunal preferring Upton's evidence regarding the Christmas Eve 2023 changing room confrontation at Victoria Hospital in Kirkcaldy.

Judge Sandy Kemp ruled that it was initially lawful for NHS Fife to grant Upton permission to use the female changing room, but that once Peggie complained, alternatives should have been addressed and the permission should have been revoked on an interim basis until different work rotas took effect.

Judge Sandy Kemp ruled that it was initially lawful for NHS Fife to grant Upton permission to use the female changing room, but that once Peggie complained, alternatives should have been addressed and the permission should have been revoked on an interim basis until different work rotas took effect.

The tribunal found that the Supreme Court ruling on biological sex did not result in it being inherently unlawful for a trans female who is biologically male under the Equality Act to be given permission to use a female changing room at work, though having gender reassignment as a protected characteristic did not mean permission was necessarily lawful.

The tribunal found that the Supreme Court ruling on biological sex did not result in it being inherently unlawful for a trans female who is biologically male under the Equality Act to be given permission to use a female changing room at work, though having gender reassignment as a protected characteristic did not mean permission was necessarily lawful.

During the hearing, evidence was presented that Peggie shared messages mocking victims of 2022 Pakistan floods that killed thousands, including comparing the country to a bowl of coco pops, which the tribunal called an untruthful attempt to downplay what she had done when she gave her reasons for sharing the content.

During the hearing, evidence was presented that Peggie shared messages mocking victims of 2022 Pakistan floods that killed thousands, including comparing the country to a bowl of coco pops, which the tribunal called an untruthful attempt to downplay what she had done when she gave her reasons for sharing the content.

NHS Fife stated that the employment tribunal unanimously dismissed all allegations against Dr Upton and all allegations against the board apart from four specific aspects of the harassment complaint, and that the organization will work through the judgment details with its legal team to understand what it means for the organization.

NHS Fife stated that the employment tribunal unanimously dismissed all allegations against Dr Upton and all allegations against the board apart from four specific aspects of the harassment complaint, and that the organization will work through the judgment details with its legal team to understand what it means for the organization.

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Scottish nurse wins part of her tribunal in trans doctor changing room case

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