Sandie Peggie v Fife Health Board and Dr Beth Upton

On 8 December 2025, the Employment Tribunal (Scotland) handed down judgment in the case of Sandie Peggie v Fife Health Board and Dr Beth Upton. The complete judgment extends to 312 pages. The judgment and a summary are available via the Judiciary website.

Sandie Peggie claimed against both her employer (Fife Health Board) and Dr Beth Upton (a trans woman). The claims related to the use by Dr Upton of a female changing room at Victoria Hospital (Kirkcaldy) where both Sandie Peggie and Beth Upton worked,

Sandie Peggie alleged breaches of the Equality Act 2010 in relation

to direct discrimination, indirect discrimination, harassment (including sexual harassment and harassment by rejection of harassment) and victimisation. (The EA 2010 forms part forms part of the law of England and Wales and, apart from two sections, is also part of the law of Scotland).

Before considering Peggie's case further it is necessary to note the Supreme Court judgment in For Women Scotland v Scottish Ministers [2025] UKSC 42 where it was held that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex. That ruling is binding on all courts and tribunals in the UK.

The Fife Board had given Beth Upton permission to use the female changing room at the hospital. Was this permission lawful?

The tribunal held that the board had harassed Sandie Peggie by:

(a) failing to revoke the grant of permission to Dr Upton on an interim basis after Mrs Peggie complained, for the period until different work rotas took effect so that they would not work together, as a result of
which Dr Upton was in the changing room when the claimant was present on two occasions;

(b) taking an unreasonable length of time to investigate the allegations against her;

(c) making reference to patient care allegations against her on 28 March 2024; and

(d) giving an instruction to her not to discuss the case, until a further message a little over two weeks later which confirmed that that applied only to the investigation.

The Tribunal otherwise dismissed all of the allegations against the Board. It dismissed the claim against Beth Upton.

The Tribunal will address separately the arrangements for holding a Final Hearing on the issue of remedy.

At this stage I offer no further comment on the decision. It is not known at this stage whether the tribunal's decision will be appealed. Appeals can be pursued on a point of law to the Employment Appeal Tribunal, and thereafter to the Inner House of the Court of Session and Supreme Court.

Links

Personnel today 8 December 2025 - Sandie Peggie scores minor victory in NHS Fife claims