Sandie Peggie is planning to lodge an appeal (Jeff J Mitchell/Getty Images)
Sandie Peggie is planning to lodge an appeal (Jeff J Mitchell/Getty Images)
Sandie Peggie, a Scottish nurse who complained about sharing a women’s changing room with a trans doctor, is going to appeal the tribunal judgment she received, she and her legal team have announced.
Earlier this year, Sandie Peggie launched an employment tribunal against NHS Fife and Dr Beth Upton after she wassuspendedfrom her job for objecting to Dr Upton – a trans woman – using the women’s changing roomsat in the hospital they both worked at in Kirkcaldy, Fife on Christmas Eve 2023.
The incident in question allegedly saw the two “exchange words”, which weresaid to includePeggie using derogatory terms towards Dr Upton and asking offensive and inappropriate questions, and in turn Dr Upton made an allegation of bullying and harassment about Peggie.
On Monday (8 December) thejudgement in the case was published and harassment claims again NHS Fife were upheld, wherein the health board was found to have harassed her by: failing to revoke the grant of permission to Dr Upton on an interim basis after Peggie complained, taking an unreasonable length of time to investigate the allegations raised against Peggie, making reference to patient care allegations against her on 28 March 2024 and giving her an instruction not to discuss the case – until a further message confirmed that only applied to the investigation.
However, several of Peggie’s claims were dismissed, including allegations of discrimination, indirect discrimination and victimisation – all of her claims against Dr Upton were also dismissed.
Speaking at a press conference in Dundee, Peggie’s legal team said they would lodge an appeal in the new year.
“I am not a campaigner and had never heard of the phrase ‘gender critical’ when I first raised complaints over two years ago about my employer’s decision to allow men into female-only changing rooms,” Peggie said.
“I just knew instinctively that it wasn’t right that women were expected to undress in front of men in private spaces and I still believe this to be the case.”
She added, as quoted by the BBC: “Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement I believe falls short in many respects and that is why I certainly won’t be giving up this legal fight any time soon.”
Peggie’s solicitor, Margaret Gribbon, labelled the findings of the tribunal as “problematic”.
Gribbon said: “The judgement places responsibility on female employees to raise complaints if they feel uncomfortable about sharing single sex spaces with men.
“This ignores industrial realities. When Sandie objected, she was suspended, subjected to an unreasonably lengthy disciplinary investigation and falsely accused of patient care concerns.
“It then emerged during the hearing that FHB then embarked on an archaeological dig to find material to discredit her.”
“The tribunal unanimously dismissed all of the allegations against Dr Upton”
When the decision was published, NHS Fife shared a statement in which it said it “recognises that this has been a complex and lengthy process and acknowledges the careful consideration of Judge Kemp and the tribunal panel”.
“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,” the statement reads.
“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.”