Sandie Peggie's employment tribunal appeal to go ahead next year

PA Media Sandie Peggie wearing a pink blazer over a black top staring slightly off camera.PA Media
Sandie Peggie was suspended after objecting to sharing a female changing room with a transgender doctor

A nurse who objected to sharing a female changing room with a transgender doctor will have her appeal against the findings of an employment tribunal heard next year, according to her legal team.

Sandie Peggie was suspended from her job at Victoria Hospital in Kirkcaldy's A&E department after she complained about Dr Beth Upton - a biological male who identifies as a woman - using the female changing area.

Peggie won a claim for harassment against NHS Fife in December last year, but her other allegations of discrimination and victimisation were dismissed.

A statement released on behalf of Peggie's lawyers said a judge had concluded there were reasonable grounds for bringing 13 points of appeal.

It is expected a full appeal hearing will be heard in the first half of next year.

Peggie's legal team said the appeal covers the original tribunal ruling, a first correction that rewrote a key passage on how protected characteristics are balanced, and a second round of amendments which altered the wording of several substantive paragraphs.

The original 312-page judgement found in Peggie's favour on four counts but dismissed her other claims against both the health board and Upton.

It said some of her comments towards the doctor "amounted to an incident of harassment" and breached the health board's bullying and harassment policy.

Speaking after the ruling in December, Peggie vowed not to give up her legal fight.

At a press conference she said: "Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement I believe falls short in many respects and that is why I certainly won't be giving up this legal fight any time soon."

Upton no longer works for NHS Fife.