Sandie Peggie welcomes Supreme Court judgment on biological sex

A nurse who took legal action against NHS Fife after she had to share a changing room with a transgender doctor has said she wants the health board to “immediately” stop giving men who identify as women access to female-only single-sex spaces.

Sandie Peggie welcomed the recent UK Supreme Court judgment on single-sex spaces and has pledged to continue litigation against NHS Fife in the wake of the ruling.

Ms Peggie, who has worked at the Victoria Hospital in Kirkcaldy for 30 years, was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked.

She took the health board and Dr Upton to tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room: indirect harassment, victimisation and whistleblowing.

Ms Peggie was suspended on January 3 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal in Dundee heard earlier this year.

The tribunal has adjourned until July but the case prompted the Equality and Human Rights Commissioner to write to NHS Fife and the Scottish Government to remind them about workplace legislation around single-sex spaces – which Ms Peggie urged them to comply with, in a statement on Tuesday.

Ms Peggie also publicly welcomed the UK Supreme Court judgment which in April made clear the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.

She said that she “expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only single-sex spaces in the workplace”.

A statement issued via her solicitor Margaret Gribbon said that Ms Peggie was “determined to continue with her legal claim in an effort to obtain accountability for the way she has been treated by Fife Health Board”, and thanked the public, politicians and her lawyers.

Ms Gribbon said: “Sandie Peggie very much welcomes the recent Supreme Court’s judgment that ‘sex’ in the Equality Act 2010 means biological sex.

“She salutes the courage and tenacity of For Women Scotland for doggedly pursuing this strategically important case and is extremely grateful to them for their support with her own legal case.

“She continues to draw strength and inspiration from the overwhelming support she continues to get from the public in this country and around the world.

“She is determined to continue with her legal claim in an effort to obtain accountability for the way she has been treated by Fife Health Board, simply because she objected to sharing a female-only workplace changing room with a man.

“She now expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only single-sex spaces in the workplace.

“Sandie also wishes to place on record her gratitude to those elected members from across the political divide who have demonstrated their public support for her from the outset.

“She plans to visit the Scottish Parliament before her employment tribunal resumes in July and looks forward to meeting many of those politicians in person.”

Scottish Conservative equalities spokesperson Tess White MSP said: “Sandie Peggie’s intervention should urgently be listened to.

“After the decisive Supreme Court verdict, the public will rightly ask why NHS Fife is still pursuing this costly case against her while remaining wedded to a divisive gender self-ID policy.

“However, the reason Sandie Peggie has had to make this call is because John Swinney is still shamefully refusing to issue a clear public sector directive requiring organisations to uphold the law.”

NHS Fife has been contacted for comment.