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Sandie Peggie wins part of huge trans row tribunal against NHS trust in landmark ruling

Sandie Peggie was suspended by a health trust after complaining about having to share a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife

NHS nurse Sandie Peggie, who complained about sharing a changing room with a transgender doctor, has won part of her employment tribunal against NHS Fife, although several claims were dismissed.

The nurse was suspended by the health trust after complaining about having to share a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about patient care. Ms Peggie lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation. The employment tribunal hearings took place in Dundee before Judge Sandy Kemp earlier this year.

Sandie Peggie

Sandie Peggie has won part of her employment tribunal case against NHS Fife (Image: Andrew Milligan/PA Wire)

Sandie Peggie

Sandie Peggie had complained about sharing a changing room with a transgender doctor (Image: Getty Images )

On Monday, in a written judgment, the harassment claim was upheld, but allegations of discrimination, indirect discrimination, and victimisation were dismissed.

Nurse Sandy Peggie said: “I am beyond relieved and delighted that the tribunal has found that my employer Fife Health Board harassed me after I complained about having to share a female-only changing room with a male colleague.

“The last two years have been agonising for me and my family. I will have much more to say in the coming days once I’ve been able to properly consider the lengthy judgment and discuss it with my legal team.

“For now, I am looking forward to spending a quiet few days with my family. I’m so grateful to my incredible legal team Naomi Cunningham, lead counsel; Dr Charlotte Elves, junior counsel; and my solicitor Margaret Gribbon. There are many others I would like to thank and will do so in the coming days.”

Sandie Peggie

She has won part of her employment tribunal against NHS Fife (Image: PA Archive/PA Images)

The tribunal’s decision focused solely on whether Ms Peggie had been subjected to harassment by NHS Fife, without ruling on her wider claims of discrimination and victimisation, which were dismissed.

The panel concluded that harassment had occurred in relation to certain specific allegations, while others were not upheld.

As a result, the case will now move to a separate stage where the tribunal will determine what form of “remedy” or compensation Ms Peggie should receive for the harassment that was proven.

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