What happened?
Mrs Sandie Peggie, a long-serving nurse at Victoria Hospital operated by NHS Fife, raised concerns in late 2023 about being required to share a female staff changing room with Dr Beth Upton, a transwoman.
Mrs Peggie holds a belief that sex is biological and objected to sharing intimate facilities with someone she regards as male. Following her objection, a workplace dispute arose. Mrs Peggie was suspended and subject to an internal investigation by NHS Fife, including allegations relating to patient care and instructions not to discuss the matter.
In May 2024, Mrs Peggie brought a series of claims in the Employment Tribunal against NHS Fife and Dr Upton under the Equality Act 2010.
The case attracted significant media attention and has often been described publicly as a “win” for Mrs Peggie. However, the tribunal’s findings were more nuanced.
What claims were brought & the tribunal’s decision
Mrs Peggie brought claims for:
- Sexual harassment
- Harassment
- Direct discrimination
- Indirect discrimination
- Victimisation
The tribunal dismissed almost all claims.
There was no liability whatsoever found against Dr Beth Upton, and the tribunal expressly preferred Dr Upton’s evidence, describing her as a ‘more reliable and consistent witness’ than Mrs Peggie.
The tribunal also made clear that NHS Fife’s policy itself was not unlawful and was left intact.
Partial success for Mrs Peggie
The tribunal upheld a single harassment claim against NHS Fife, based not on the policy decision itself, but on how the situation was handled procedurally.
In particular, the tribunal found that NHS Fife:
- Failed to act promptly to revoke permission for Dr Upton’s use of the female changing room after Mrs Peggie’s complaint, relying instead on rota separation
- Took an unreasonably long time to investigate and resolve matters
- Raised patient-care allegations and gave unclear instructions about not discussing the case, which contributed to distress
What was the value?
The case is significant because it highlights:
- The importance of process, proportionality and timeliness when responding to sensitive workplace complaints
- The tribunal’s approach to balancing competing protected characteristics
- Judicial confirmation that permitting a trans woman to use female facilities is not inherently unlawful
The tribunal’s application of the Supreme Court decision in For Women Scotland was particularly important. It held that this case does not create an automatic ban on transwomen using women’s changing rooms at work. Lawfulness depends on the specific facts, the employer’s approach, and how the situation is managed.
Top 5 lessons for employers
- Policy alone is not enough Even where policies are lawful, poor implementation or delay can still expose employers to liability.
- Act promptly when concerns are raised Delay in decision-making and investigations can itself amount to harassment, regardless of the underlying rights issues.
- Handle competing rights carefully and neutrally Tribunals will look closely at whether employers took a balanced, evidence-based approach rather than reacting defensively.
- Clarity of communication matters Vague instructions, particularly around confidentiality or conduct, can escalate rather than resolve disputes.
- Witness credibility can be decisive The tribunal’s express preference for Dr Upton’s evidence shows the importance of consistent, reliable and well-documented accounts.
The key takeaway for employers is clear: how you respond to sensitive issues can matter as much as what decision you ultimately make.
How can Thrive Law help?
At Thrive Law, we support employers navigating complex and sensitive workplace issues, including:
- Managing conflicts involving protected beliefs and gender identity
- Drafting and reviewing inclusive workplace policies https://www.thrivelaw.co.uk/employment-law/contracts-of-employment-and-staff-handbook/
- Handling grievances, suspensions and investigations lawfully and proportionately https://www.thrivelaw.co.uk/employment-law/grievances/
- Reducing litigation risk while maintaining inclusive, respectful workplaces https://www.thrivelaw.co.uk/mental-health-diversity/equality-diversity-inclusion/
If your organisation is dealing with sensitive equality, inclusion or belief-based disputes or wants to ensure its policies and procedures are fit for purpose contact our team on enquiries@thrivelaw.co.uk
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