Sandie Peggie is a Scottish NHS nurse who became the central figure in a high-profile employment tribunal case (2024–2026) concerning “gender critical” beliefs, single-sex spaces, and transgender rights in the workplace. The case, Peggie v NHS Fife and Dr. Beth Upton, arose after Peggie objected to sharing a female changing room with a transgender doctor at Victoria Hospital in Kirkcaldy. In a landmark December 2025 judgment, the tribunal ruled that while Peggie had been subjected to unlawful harassment by NHS Fife regarding their handling of her complaint, her refusal to accept the doctor’s presence and her conduct during a confrontation amounted to harassment of the doctor. The case has established significant legal precedents regarding how employers must balance the rights of staff with protected gender-critical beliefs against the rights of transgender employees under the Equality Act 2010.
The name Sandie Peggie has become synonymous with one of the most contentious legal battles in modern Scottish employment law. What began as an internal workplace dispute at a Fife hospital in late 2023 escalated into a national debate involving the Supreme Court, the Scottish Government, and high-profile activists on both sides of the gender debate.
For legal observers, HR professionals, and the public, the “Peggie Case” offers a complex roadmap through the clashing rights of the Equality Act 2010. It addresses the definition of “sex” in the workplace, the boundaries of manifesting a protected belief, and the duty of care employers owe to all staff.
This guide provides an exhaustive analysis of the events, the legal arguments, the split judgment delivered in December 2025, and the ongoing implications as the case moves toward appeal in 2026.
Background: The Incident at Victoria Hospital
To understand the legal ruling, one must understand the timeline of events that occurred on the wards of Victoria Hospital in Kirkcaldy.
The Parties Involved
- Sandie Peggie: An A&E nurse with over 30 years of unblemished service in the NHS. She holds “gender critical” beliefs, specifically that biological sex is immutable and distinct from gender identity.
- Dr. Beth Upton: A junior doctor working at the same hospital. Dr. Upton is a transgender woman who holds a Gender Recognition Certificate (GRC).
- NHS Fife: The health board employing both individuals, responsible for workplace policies and staff safety.
The Flashpoint (Christmas Eve 2023)
While tensions had been simmering regarding the use of the female changing rooms, the situation culminated on December 24, 2023. During a shift changeover, Peggie encountered Dr. Upton in the female changing facilities.
- The Confrontation: Peggie challenged Upton’s presence, asserting that the space was for “women only” and implying Upton should not be there. The tribunal later heard evidence that Peggie used language Dr. Upton found offensive and intimidating.
- The Complaint: Dr. Upton filed a grievance citing bullying and harassment. NHS Fife subsequently suspended Peggie pending an investigation into her conduct and alleged comments regarding patient care (which were later dismissed).
The Legal Claims and Tribunal Hearings
Sandie Peggie took NHS Fife and Dr. Upton to an Employment Tribunal in Dundee. The hearings, spread across February and July 2025, became a focal point for the media.
Peggie’s Argument
Represented by legal teams supported by gender-critical organizations, Peggie claimed:
- Harassment: That forcing her to share a changing room with a biological male created an intimidating, hostile, or offensive environment.
- Discrimination: That she was treated less favorably because of her protected belief (that sex is real).
- Victimisation: That her suspension was a punishment for raising legitimate concerns about single-sex spaces.
The Defence
NHS Fife and Dr. Upton argued:
- Inclusivity: That Dr. Upton, legally a woman (via GRC), had the right to use female facilities.
- Conduct vs. Belief: That Peggie was disciplined not for her beliefs (which are protected), but for her behavior(harassing a colleague), which is not.
The December 2025 Judgment: A Split Decision
The judgment delivered on December 8, 2025, was nuanced, satisfying neither side completely but offering crucial legal clarity.
What Sandie Peggie Won
The tribunal upheld Peggie’s claim of harassment against NHS Fife on specific procedural grounds:
- Failure to Manage: The tribunal found the Health Board failed to provide a timely or adequate “workaround” (such as a temporary private changing area) once Peggie raised her distress. Ignoring the conflict allowed the hostile environment to fester.
- Investigation Flaws: The suspension process was deemed overly lengthy and punitive, particularly regarding the unsubstantiated “patient care” allegations tagged onto the disciplinary process.
What Sandie Peggie Lost
Crucially, the tribunal dismissed the core claims that the presence of a trans woman in a female changing room is inherently discriminatory or harassment.
- Changing Room Rights: The judge ruled it is not unlawful for an employer to permit a trans woman with a GRC to use female facilities, provided the privacy of all users is balanced.
- Conduct Finding: The tribunal found that Peggie’s actions toward Dr. Upton—including misgendering and aggressive confrontation—amounted to harassment by Peggie against Upton. While Peggie’s beliefs are protected,the manifestation of those beliefs in a way that harms a colleague is not.
- Claims Against Upton: All personal claims against Dr. Upton were dismissed.
Legal Context: The “For Women Scotland” Connection
The Peggie judgment relied heavily on a separate, monumental legal event: the Supreme Court ruling in For Women Scotland v Scottish Ministers (April 2025).
The “Biological Sex” Definition
In April 2025, the Supreme Court clarified the definition of “sex” under the Equality Act 2010. It ruled that for the purposes of single-sex exceptions, “sex” refers to biological sex.
- Impact on Peggie: While this ruling strengthened Peggie’s argument that the changing room could legally be restricted to biological women, the Tribunal noted that employers still have discretion. Just because an employer can exclude trans people from single-sex spaces doesn’t mean they must. NHS Fife’s policy of inclusion was deemed a lawful exercise of that discretion, as long as they managed the impact on other staff.
Practical Information and Timeline
For those following the ongoing legal developments or researching the case history.
Case Timeline
- Dec 24, 2023: Incident in Victoria Hospital changing rooms.
- Jan 2024: Sandie Peggie suspended.
- May 2024: Formal Tribunal claim submitted.
- April 2025: Supreme Court rules on For Women Scotland (defining “sex”).
- July 2025: Final Tribunal hearings conclude.
- Dec 8, 2025: Judgment published (Case No: 4104864/2024).
- Jan 2026: Peggie’s legal team announces intent to appeal specific findings.
Accessing Court Documents
- The Judgment: The full 300+ page judgment is available on the GOV.UK Employment Tribunal Decisionsdatabase. Search for “Sandie Peggie”.
- Cost: Access to the digital judgment is free.
Key Locations
- Victoria Hospital: Hayfield Rd, Kirkcaldy KY2 5AH. (Note: This is an active hospital; the changing rooms are not public areas).
- Dundee Tribunal Centre: Ground Floor, 29-31 Bank St, Dundee DD1 1RW. (Venue for the hearings).
Frequently Asked Questions
1. Did Sandie Peggie win her case? It was a partial victory. She won her claim of harassment against NHS Fife regarding their mismanagement of the situation and the investigation process. However, she lost the claims regarding discrimination and victimisation, and the tribunal ruled that allowing a trans woman to use the changing room was not in itself unlawful.
2. Is Dr. Beth Upton still working at NHS Fife? The tribunal dismissed all claims against Dr. Upton personally, finding she had done nothing wrong by using the facilities aligned with her gender identity. Her employment status is a private matter, but the judgment vindicated her right to access the facilities under the Board’s policy at the time.
3. What did the tribunal say about “Gender Critical” beliefs? The tribunal reaffirmed that “gender critical” beliefs (that sex is real and immutable) are protected under the Equality Act (following the Forstater precedent). However, it ruled that holding these beliefs does not give an employee the right to misgender or harass trans colleagues in the workplace.
4. Why was the Supreme Court ruling in April 2025 important? The Supreme Court clarified that “sex” in the Equality Act refers to biological sex. This allows service providers to exclude trans people from single-sex spaces if it is a proportionate means of achieving a legitimate aim (like privacy). It does not, however, mandate a blanket ban, leaving the decision to individual employers like NHS Fife.
5. Was Sandie Peggie fired? No. She was suspended for a significant period during the investigation but was eventually cleared of gross misconduct regarding patient care. The tribunal criticized the length and nature of this suspension.
6. Did JK Rowling support Sandie Peggie? Yes. The author JK Rowling publicly tweeted support for Sandie Peggie,describing her as a “heroine” standing up for women’s rights. This brought international attention to the tribunal.
7. Can a man use a female changing room in the NHS? Under current guidance affirmed by the tribunal, a trans woman with a Gender Recognition Certificate (who is legally female) may be permitted to use female facilities. However,employers must manage the privacy concerns of all staff, potentially by providing individual cubicles or unisex options.
8. What happens next? As of early 2026, Sandie Peggie’s lawyers have lodged an appeal with the Employment Appeal Tribunal (EAT). They are likely to challenge the finding that her conduct amounted to harassment and argue that the changing room policy was indirect discrimination.
9. Did the tribunal find Sandie Peggie to be transphobic? The judgment noted that some of Peggie’s comments and messages evidenced views that could be described as transphobic or offensive, going beyond a “simple expression of belief.”
10. How much compensation did she get? The “remedy hearing” to decide financial compensation for the successful harassment claim is scheduled for later in 2026. Compensation will likely cover injury to feelings for the mismanagement of her complaint, but not for the changing room policy itself.
11. Is it illegal to misgender a colleague? Persistent and intentional misgendering can be considered harassment under the Equality Act, as found in this case. However, accidental slips or expressing a general belief about sex in a non-aggressive context is usually protected.
12. Who paid for Sandie Peggie’s legal fees? Her case was largely crowdfunded by supporters and gender-critical organizations, as is common in these high-profile culture war cases.
13. What is the “Isla Bryson” comparison? During the incident, Peggie allegedly compared the presence of Dr. Upton to Isla Bryson (a trans woman convicted of rape who was briefly held in a women’s prison). The tribunal found this comparison to be offensive and unreasonable, as Dr. Upton had no such history.
14. Did NHS Fife change their policy? Following the judgment, NHS Fife—and other Scottish health boards—are reviewing their policies to ensure they balance the rights of trans staff with the privacy needs of female staff, likely moving toward more gender-neutral, individual-cubicle designs in future.
15. Where can I read the full judgment? Search for “Peggie v NHS Fife judgment” on the judiciary.uk or gov.uk websites. It is a dense legal document but the “Press Summary” usually provided alongside it offers a digestible overview.
