Transgender Doctor Departs NHS Following Tribunal
A transgender doctor involved in a high-profile employment tribunal concerning a changing room dispute has left the NHS.
Dr Beth Upton and NHS Fife were taken to tribunal by nurse Sandie Peggie after Peggie was suspended following an incident in the female changing room at Victoria Hospital, Kirkcaldy.
In December, the tribunal dismissed all claims against Dr Upton but ruled in favour of Peggie on some of her claims against NHS Fife.
The health board has confirmed that Dr Upton left NHS Fife at the end of 2025.
"As this is a personal employment matter, we will be making no further comment,"a spokesperson for NHS Fife said.
Background of the Tribunal Case
Sandie Peggie, a nurse with 30 years of NHS service, brought the tribunal claiming she had experienced harassment.
Peggie refused to share the women's changing room with Dr Upton, a biological male who identifies as a woman, at Victoria Hospital. She was suspended from work after Dr Upton made a complaint in early 2024.
Peggie alleged that her experiences amounted to harassment and initiated legal action against both NHS Fife and Dr Upton, citing the Equality Act 2010.
Details of the Tribunal Proceedings
The tribunal heard that Dr Upton began gender transitioning in 2022. It was agreed with a supervisor that Dr Upton would use the female changing room after starting work at the hospital in August 2023.
The legal representatives for NHS Fife and Dr Upton argued that Dr Upton "is a human being who is just doing a job" and had been caught in complex legislation despite having permission to use the female changing room.
The tribunal ruling stated that NHS Fife should have temporarily stopped allowing Dr Upton to use the female changing rooms following Peggie's complaint.
The 312-page judgement found in Peggie's favour on four counts but dismissed her other claims against both the health board and Dr Upton.
It also found that comments made by Peggie to Dr Upton amounted to harassment.
Aftermath and Appeal
Following the ruling, Peggie vowed not to "give up her legal fight." Her legal team has confirmed plans to appeal the ruling as well as two corrected versions of it.
The nurse stated that the ruling "fell short" after allegations of discrimination and victimisation were dismissed.
