Nurse cleared over transgender changing room row as tribunal resumes

Sandie Peggie, a long-serving nurse at NHS Fife, has been cleared of gross misconduct following disciplinary proceedings sparked by her objection to sharing a changing room with a transgender colleague.

An internal hearing found “insufficient evidence to support a finding of misconduct”, bringing an 18-month ordeal to an end.

Ms Peggie, who has worked at NHS Fife for over 30 years, raised concerns after sharing female changing facilities with Dr Beth Upton, a transgender woman, at Victoria Hospital in Kirkcaldy. She told an employment tribunal that she had felt “embarrassed and intimidated” on three occasions between August and December 2023. The situation escalated on Christmas Eve when Dr Upton began undressing in front of her.

A confrontation followed, although both parties dispute the exact nature of their exchange. Dr Upton later accused Ms Peggie of bullying and harassment, submitting a formal complaint. Ms Peggie was suspended on 3 January 2024 pending investigation.

Speaking at the tribunal, Dr Upton insisted: “Trans people are not predators by nature of being themselves." Meanwhile, Ms Peggie said she was “more shocked than anything” to learn of the complaint against her.

Last week, NHS Fife confirmed no formal sanction would be imposed on Ms Peggie. Instead, it recommended a “facilitated reflective practice discussion”. Ms Peggie’s solicitor, Margaret Gribbon, described her client as “relieved and delighted that this 18-month long internal process has concluded and cleared her of all allegations”.

Despite this internal decision, the employment tribunal has resumed in Dundee after a five-month pause, continuing to examine whether Ms Peggie’s rights were unlawfully breached.

Ms Peggie argues that her suspension and the handling of her concerns violated protections under the Equality Act 2010, which she says should have safeguarded her beliefs and privacy in female-only spaces.

NHS Fife and Dr Upton are vigorously defending their actions, maintaining that they acted entirely within NHS guidelines designed to promote inclusion and respect for transgender staff.

The case has already cost taxpayers at least £220,000 in legal fees, with further hearings expected to add to the bill.

NHS Fife said it remained “committed to fostering a respectful, inclusive, and safe working environment for all of our staff and patients”.

This case comes amid a broader debate in Scotland about gender identity and single-sex spaces. In April, the UK Supreme Court ruled unanimously that the term “woman” under the Equality Act refers to biological sex, stating: “The concept of sex is binary, a person is either a woman or a man.”

Ms Peggie has since urged NHS Fife to respond by stopping “any man who identifies as a woman” from accessing female-only areas. The health board said it is reviewing policies in light of the ruling and is awaiting new guidance from the Equality and Human Rights Commission (EHRC).

The Scottish Government has acknowledged the Supreme Court’s decision, saying it “accepts the ruling” and is working on the detailed changes required to comply with the law. The EHRC added that organisations should already be “looking at what changes, if any, need to be made” to ensure policies align with the legal definition of sex.