Nurse Cleared of Misconduct in Changing Room Dispute With Trans Doctor

Update 7/16/2025

Scottish nurse Sandie Peggie has been cleared of misconduct allegations following an 18-month investigation into a dispute over shared female changing facilities with transgender doctor, Dr. Upton. The case highlights the complex intersection of workplace rights, gender identity, and access to single-sex spaces in healthcare settings, sparking widespread debate about how such issues are managed within the National Health Service 

What Happened?

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy, was suspended in January 2024 after complaining about Dr. Beth Upton, a transgender woman, using the female changing room. The dispute arose after three separate incidents in the hospital’s A&E department, culminating in an official complaint. Peggie insisted her concerns were about NHS policy rather than Dr. Upton personally, but the tribunal is assessing whether her actions constituted harassment.

Nurse Peggie’s Side of the Story

Peggie maintains that she felt uncomfortable sharing the changing room with Dr. Upton, particularly during a personal moment.

• "I've never been scared of Beth - I was intimidated when he started taking his clothes off and I was in an embarrassing situation," she explained.

While she insists she has no issue with transgender individuals, she expressed frustration with NHS decisions that allowed Dr. Upton access to the space.

• "I don't have a problem with trans people and I didn't have a problem with Beth until I found him in the female changing rooms."

The Complaint and Response

Dr. Upton, who had been working in the department since August 2023, reported feeling unsafe using the changing room when Peggie was present. On Christmas Day, she sent an email stating,

•  "I don't feel safe using the changing room when she's there."

Another doctor backed this up, saying Dr. Upton was "extremely distressed" over the situation. Following the complaint, NHS Fife placed Peggie on "special leave" while the matter was investigated.

The Controversy

The tribunal also examined whether Peggie compared Dr. Upton to Isla Bryson, a transgender woman convicted of rape.

• Peggie had referenced "a biological man in a women's prison" but denied knowing Bryson’s name. Lawyer Jane Russell KC pressed her on the issue, saying, "You suggested that Beth's presence in a female changing room is akin to a rapist being in a women's prison."
• Peggie responded, "I knew it was a biological man in a women's prison and there was a disturbance around it." The discussion highlighted broader societal debates over transgender rights and women’s spaces.

Harassment Allegations 

Peggie admitted that, under workplace policy, she was the only one guilty of harassment. However, she argued that her suspension was unfair and amounted to victimization. The tribunal also heard that she had strong political views and that her husband had posted content online mocking transgender women. Peggie dismissed concerns over this, saying,

• "My daughter's gay. I've got no homophobic views." Despite the heated discussions, she insists her concerns were strictly about the NHS allowing Dr. Upton access to the female changing room.

The tribunal is ongoing, and its outcome could have significant implications for workplace policies and transgender rights in the NHS.

The Origins of the Dispute

The case stems from a 2023 confrontation at Victoria Hospital in Kirkcaldy, where Nurse Peggie objected to Dr. Upton, who identifies as a woman, using the women's changing rooms. This incident led to Peggie's suspension from her job and her subsequent decision to launch an employment tribunal, claiming harassment and discrimination.

A request from NHS Fife and Dr. Upton to hold the tribunal in private was rejected, following opposition from Peggie and gender-critical campaign groups. The ruling stated that due to significant public interest, including media and advocacy group attention, the case should be open to the public. It was also noted that Dr. Upton’s transgender status was already known to her family, employer, and colleagues.

The dispute highlights the challenges healthcare institutions face in balancing the rights and comfort of all staff members while adhering to anti-discrimination policies. It also highlights the ongoing societal debate surrounding transgender rights and the accommodation of gender identity in professional environments.

Judge's Ruling on Pronoun Usage

In a significant decision, Judge Sandy Kemp ruled that Peggie and her legal team are permitted to use male pronouns when referring to Dr. Upton during the tribunal proceedings. This ruling comes despite the judge's acknowledgment that such language could be "painful and distressing" for Dr. Upton.

The judge's rationale for this decision was based on the principle of fairness in legal proceedings. Judge Kemp stated that compelling Peggie to use terms she considers "inaccurate" would be unfair to her case. Importantly, the judge also clarified that misgendering alone does not constitute harassment unless it is done "gratuitously and offensively on a repeated basis.” The employment tribunal will employ neutral terms like "Dr. Upton" to maintain impartiality.

Beyond the Verdict: What’s Next for Sandie Peggie?

While Sandie's slate is clean, her tribunal isn't over. She's gearing up for a separate employment tribunal against both NHS Fife and Dr. Upton. Her claims include sexual harassment, belief discrimination, indirect harassment, victimization, and whistleblowing violations under the Equality Act 2010. This tribunal, set to resume soon, could have a big impact on workplace policies and how the legal system handles gender identity and belief discrimination in the UK.

We will continue to update this article as details from the tribunal are announced.

>> Nurses, share your thoughts in the discussion forum below.