Sandie Peggie won harassment claim against NHS Fife but tribunal dismissed claims of discrimination and victimisation

Sandie Peggie, the Fife nurse who was suspended after she complained about sharing a female changing room with a transgender doctor, will appeal against a “hugely problematic” employment tribunal ruling, her solicitor has confirmed.

On Monday, the ruling of a lengthy employment tribunal found that Peggie, who has worked as a nurse for more than 30 years, had been harassed by NHS Fife when she was expected to share the changing room with Dr Beth Upton.

Some businesses still waiting for final EHRC guidance while firms that moved early to exclude trans people show no sign of backtracking

On Monday, a Dundee employment tribunal ruled a narrow win for Sandie Peggie, the nurse who complained about sharing a changing room with a transgender doctor. But the lengthy judgment also takes on the pivotal question that has been challenging employers, lawyers and campaign groups since April – does a supreme court judgment mean that transgender people must now be excluded from same-sex facilities that align with their chosen gender? Does it amount to a bathroom ban or not?

The supreme court ruled earlier this year that the legal definition of a woman is based on biological sex. Interim advice released by the Equality and Human Rights Commission soon after the judgment in effect banned trans people from using facilities according to their lived gender, and its official guidance is expected to closely reflect that advice.