Sandie Peggie granted leave to appeal employment tribunal's findings
Sandie Peggie earned a partial victory at her employment tribunal against NHS Fife last year but will now appeal the unsuccessful outcomes
Sandie Peggie’s legal team has been granted leave to appeal the findings of the nurse’s employment tribunal against NHS Fife.
Ms Peggie took action against the health board after an incident in a changing room with Dr Beth Upton, who identifies as transgender, at Kirkcaldy’s Victoria Hospital.
All claims against Dr Upton - who no longer works at NHS Fife - were dismissed.
In December last year the tribunal awarded her a partial victory, upholding claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation.
On Monday, Ms Peggie’s legal team announced an appeal against the findings will be allowed to move forward, with a hearing likely to take place early in the new year.
Her spokeswoman said: “On July 31, 2026, the Employment Appeal Tribunal (EAT) confirmed that Sandie Peggie’s appeal against the judgment of the employment tribunal dated December 8, 2025 should now proceed to a full appeal hearing.
“This follows a decision taken by His Honour Judge James Tayler on July 30, 2026 that there are reasonable grounds for bringing 13 grounds of appeal contained in Mrs Peggie’s notice of appeal dated January 19 2026.”
The high-profile case became a flashpoint in a row over gender rights, with a number of gender-critical groups, along with author JK Rowling, vociferously supporting the nurse.
READ MORE: NHS Fife nurse accused of 'judgement and hostility' that 'do not deserve' Equality Act defence
The case centres on an incident on Christmas Eve 2023 when Ms Peggie, a Band Five A&E nurse who has worked at her hospital for more than 30 years, and Dr Upton entered into an altercation in a woman’s changing room.
Accounts of the dispute differ but Ms Peggie was suspended and put through a disciplinary process before all allegations against her were dropped by NHS Fife.
Meanwhile, she began employment tribunal proceedings, which began in January last year, for discrimination.
At a press conference in Dundee last December, Ms Peggie said she would not stop her legal fight against NHS Fife and announced her intention to request an appeal.
She had hailed her legal representatives and said it was “difficult to put into words how grateful I am” to her solicitor and barristers Ms Cunningham and Charlotte Elves.
At the press conference the nurse had said: “ I am not a campaigner and I had never heard of the phrase gender critical when I first raised complaints over two years ago about my employer’s decision to allow men into female-only changing rooms.
“I just knew instinctively that it wasn’t right that women were expected to undress in front of men in private spaces, and I still believe this to be the case.”
The groundbreaking employment tribunal heard Naomi Cunningham, Ms Peggie’s lawyer, accuse the health board of a “witch hunt” against Ms Peggie and a “spiteful character assassination” while saying the health board had resorted to bullying in order to push forward trans ideology.
Dr Upton has since moved to Australia and is believed to be working in a hospital there.
A spokeswoman for NHS Fife said: “As these are ongoing legal proceedings, it would not be appropriate for NHS Fife to comment further at this stage.”
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