Nurse Cleared of Misconduct in Transgender Changing Room Dispute
Published 15 July 2025
Highlights
- Nurse Sandie Peggie was cleared of gross misconduct allegations related to a dispute over sharing a changing room with transgender doctor Beth Upton.
- The employment tribunal, which resumed in Dundee, is examining claims of unlawful treatment under the Equality Act 2010.
- NHS Fife and Dr. Upton defend their actions, with legal costs exceeding £220,000, arguing compliance with NHS policy.
- The tribunal's outcome may be influenced by a recent UK Supreme Court ruling on the legal definition of a woman.
- The case highlights ongoing debates in Scotland over transgender rights and workplace discrimination.
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Rewritten Article
Nurse Cleared of Misconduct in Transgender Changing Room Dispute
A long-standing nurse at NHS Fife, Sandie Peggie, has been exonerated of gross misconduct allegations following a contentious dispute over sharing a changing room with a transgender doctor. The internal hearing concluded that there was insufficient evidence to support claims of misconduct, patient care failures, and misgendering against Peggie, who has served the health board for over 30 years.
The controversy began when Peggie objected to Dr. Beth Upton, a transgender woman, using the female changing facilities at Victoria Hospital in Kirkcaldy. The situation escalated on Christmas Eve 2023, when Dr. Upton began changing in front of Peggie, leading to a heated exchange. The details of their conversation remain disputed, but the incident prompted Dr. Upton to file a complaint, resulting in Peggie's suspension in January 2024.
The employment tribunal, which resumed in Dundee after a five-month hiatus, is scrutinizing Peggie's claims of unlawful treatment under the Equality Act 2010. NHS Fife and Dr. Upton, defending their actions, have incurred legal costs exceeding £220,000, maintaining that they adhered to NHS policy regarding transgender inclusion.
The tribunal's proceedings are being closely monitored, especially in light of an April UK Supreme Court ruling that clarified the legal definition of a woman under the Equality Act, excluding transgender women with gender recognition certificates. This landmark decision has been publicly supported by Peggie and her advocates.
During the tribunal, NHS Fife's equality lead, Isla Bumba, testified that the health board's approach was based on the Equality and Human Rights Commission's statutory code of practice. Bumba emphasized that it could be discriminatory to deny transgender individuals access to facilities aligning with their gender identity. However, Peggie's legal team argued that this policy forced female colleagues to "participate in a pretence" regarding Dr. Upton's gender, a claim Bumba firmly denied.
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Scenario Analysis
The tribunal's outcome could set a significant precedent for how workplace policies accommodate transgender employees, particularly in public institutions like the NHS. Should the tribunal rule in favor of Peggie, it may prompt a reevaluation of current policies and practices concerning gender identity and inclusion in the workplace.
Conversely, a ruling supporting NHS Fife and Dr. Upton could reinforce existing policies that prioritize transgender rights, potentially influencing similar cases across the UK. Legal experts suggest that the tribunal's decision, in conjunction with the recent Supreme Court ruling, could further shape the ongoing debate over the balance between transgender rights and women's rights in shared spaces.
As the tribunal progresses, it remains a focal point for broader discussions on gender identity, discrimination, and equality in Scotland, reflecting the complex and evolving nature of these issues in contemporary society.
A long-standing nurse at NHS Fife, Sandie Peggie, has been exonerated of gross misconduct allegations following a contentious dispute over sharing a changing room with a transgender doctor. The internal hearing concluded that there was insufficient evidence to support claims of misconduct, patient care failures, and misgendering against Peggie, who has served the health board for over 30 years.
The controversy began when Peggie objected to Dr. Beth Upton, a transgender woman, using the female changing facilities at Victoria Hospital in Kirkcaldy. The situation escalated on Christmas Eve 2023, when Dr. Upton began changing in front of Peggie, leading to a heated exchange. The details of their conversation remain disputed, but the incident prompted Dr. Upton to file a complaint, resulting in Peggie's suspension in January 2024.
The employment tribunal, which resumed in Dundee after a five-month hiatus, is scrutinizing Peggie's claims of unlawful treatment under the Equality Act 2010. NHS Fife and Dr. Upton, defending their actions, have incurred legal costs exceeding £220,000, maintaining that they adhered to NHS policy regarding transgender inclusion.
The tribunal's proceedings are being closely monitored, especially in light of an April UK Supreme Court ruling that clarified the legal definition of a woman under the Equality Act, excluding transgender women with gender recognition certificates. This landmark decision has been publicly supported by Peggie and her advocates.
During the tribunal, NHS Fife's equality lead, Isla Bumba, testified that the health board's approach was based on the Equality and Human Rights Commission's statutory code of practice. Bumba emphasized that it could be discriminatory to deny transgender individuals access to facilities aligning with their gender identity. However, Peggie's legal team argued that this policy forced female colleagues to "participate in a pretence" regarding Dr. Upton's gender, a claim Bumba firmly denied.
What this might mean
The tribunal's outcome could set a significant precedent for how workplace policies accommodate transgender employees, particularly in public institutions like the NHS. Should the tribunal rule in favor of Peggie, it may prompt a reevaluation of current policies and practices concerning gender identity and inclusion in the workplace.
Conversely, a ruling supporting NHS Fife and Dr. Upton could reinforce existing policies that prioritize transgender rights, potentially influencing similar cases across the UK. Legal experts suggest that the tribunal's decision, in conjunction with the recent Supreme Court ruling, could further shape the ongoing debate over the balance between transgender rights and women's rights in shared spaces.
As the tribunal progresses, it remains a focal point for broader discussions on gender identity, discrimination, and equality in Scotland, reflecting the complex and evolving nature of these issues in contemporary society.
