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A nurse who objected to sharing a female changing room with a transgender doctor has won a claim for harassment against NHS Fife but other allegations of discrimination and victimisation were dismissed.
Sandie Peggie was suspended from her job in a hospital’s A&E department after she complained about Dr Beth Upton – a biological male who identifies as a woman – using a female changing room.
An employment tribunal judgement outlined four ways in which NHS Fife harassed Ms Peggie but dismissed the other allegations against the health board and all claims against Dr Upton.
A separate hearing will take place at a later date to decide on the “remedy” for Ms Peggie, which could result in her being awarded compensation.
Following the judgement, Ms 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 ante was upped, when, during the tribunal, the Supreme Court handed down its ruling on the definition of sex in equality law – stating it meant biological sex.
But rather than the slam dunk many anticipated, Ms Peggie’s victory is a narrow one, with a win on process rather than substance.
Source: Partial victory for nurse in NHS trans changing room row