Sandie Peggie wins right to appeal NHS Fife tribunal ruling over female changing room dispute
Sandie Peggie’s appeal against the judgement of her employment tribunal versus NHS Fife has been granted, with it expected to take place early next year. The nurse took the health board to court after she objected to sharing a female changing room with a biologically male doctor.
The case captured the attention of the world, being mentioned in the likes of the USA and Australia. But it only resulted in a partial victory for Ms Peggie, with NHS Fife cleared of discriminating against her due to her legally protected gender critical views. Some campaigners believe the judge involved ignored the Supreme Court ruling which found that the terms "sex," "man," and "woman" in the Equality Act 2010 refer strictly to biological sex at birth.
Judge Sandy Kemp was also accused of using AI to write huge parts of his judgement, with numerous factual mistakes being made, including quoting case law that didn’t exist. The judiciary rejected these accusations, but it also tarred his final decision.
Ms Peggie confirmed she was seeking to appeal his original decision, on 13 grounds, and has now been granted the opportunity to go to a full hearing. Judge James Tayler confirmed there were reasonable grounds to bring them to court, with this being served on NHS Fife who will have 28 days to respond.
It is expected that the full appeal hearing will take place in the first half of 2027. It will then be decided whether it should proceed to a full case which may see Dr Beth Upton and other leading NHS Fife figures called to give evidence. Upton is now living and working in Australia after quitting his job at Victoria Hospital in Kirkcaldy.
According to the judge’s initial decision, Ms Peggie was harassed by NHS Fife on four occasions, including refusing to ban Dr Upton from the female changing rooms after she complained, and also for the length of time investigating her conduct. But her claims against Dr Upton were not upheld. She is appealing these dismissed claims, including victimisation and discrimination.
The case revolves around a confrontation between Ms Peggie and Dr Upton on Christmas Eve 2023, with this leading to the veteran nurse being suspended from work for questioning why the biological male was using the women’s facilities. It has already cost taxpayers £320,000, with the bill expected to rise if the case goes further.
The tribunal judgement has already been criticised and forced into a correction after using a "made up" quote to defend its position in dismissing Ms Peggie’s claims of sexual harassment and discrimination because of her gender critical views. It declared that the Supreme Court definition of a woman wasn’t relevant, and that biological men can use female facilities as long as no one complains about them and depending on how they presented.
There have been three different versions of the initial judgement published due to mistakes and amendments. These will likely form a major part of Ms Peggie’s case.
A NHS Fife spokesperson confirmed that as these are ongoing legal proceedings, it would not be appropriate for NHS Fife to comment further at this stage.
Technology & Business Editor
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