NHS Fife has given its reaction to the tribunal finding that it had harassed Ms Peggie. Here is the statement from the health board in full:

"NHS Fife recognises that this has been a complex and lengthy process and acknowledges the careful consideration of Judge Kemp and the tribunal panel.

"The employment tribunal unanimously dismissed all of the Claimant’s allegations against Dr Upton and all of the allegations against the Board apart from four specific aspects of the harassment complaint.

"We will now take time to work through the detail of the judgment alongside our legal team to understand fully what it means for the organisation.

"We want to recognise how difficult this tribunal has been for everyone directly and indirectly involved.

"Our focus now is to ensure that NHS Fife remains a supportive and inclusive environment for all employees and our patients and to deliver health and care to the population of Fife."

Image source, PA Media

Sandie Peggie's legal team have issued interim statements regarding the verdict. They say full statements will be released later in the week, once they have "properly considered" 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 last two years have been agonising for me and my family."

Her solicitor Margaret Gribbon said the ruling was a "a huge win for a tenacious and courageous woman standing up for her sex-based rights".

While some of Sandie Peggie's claims of harassment against NHS Fife were accepted, other claims did not succeed.

The claims of harassment under section 26 of the Equality Act (sexual harassment and harassment by rejection of harassment) were dismissed by the tribunal.

The claim of direct discrimination contrary to section 13 of the Act (because of (a) sex or (b) belief) was also dismissed - as was the claim of indirect discrimination (in relation to a protected characteristic) contrary to section 19 of the Act.

The claim of victimisation contrary to section 27 of the Act was also dismissed.

The claims against Dr Upton did not succeed and were dismissed.

A final hearing on remedy - for example to decide if Sandie Peggie will receive financial compensation - will be carried out separately.

The tribunal found that the health board had harassed Ms Peggie by:

• failing to revoke the grant of permission to Dr Upton on an interim basis after Ms Peggie complained, for the period until different work rotas took effect so that they would not work together, as a result of which Dr Upton was in the changing room when the claimant was present on two occasions
• taking an unreasonable length of time to investigate the allegations against her
• making reference to patient care allegations against her on 28 March 2024
• giving an instruction to her not to discuss the case, until a further message a little over two weeks later which confirmed that that applied only to the investigation.

The tribunal says nurse Sandie Peggie was harassed by NHS Fife but dismisses all other claims against the health board and Dr Beth Upton.

There were three incidents involving Sandie Peggie, Beth Upton and access to the changing room, of which the third - and most important - came on Christmas Eve 2023.

Two previous incidents, in August and October 2023, saw Ms Peggie leave the changing room until Dr Upton left. The Christmas Eve encounter saw an altercation occur.

Some of the detail about what happened is agreed by both parties. Ms Peggie objected to Dr Upton’s presence there, saying this was intimidating and calling Dr Upton a man.

It is agreed Ms Peggie said women have the right to feel safe and “that it’s just like that person in the prisons” – a remark Dr Upton’s legal team said was a specific reference to the convicted rapist Isla Bryson. This was denied by Ms Peggie.

Dr Upton disagreed with Ms Peggie’s claims, asserted the right to use the women’s changing room and said if the nurse had a problem she should raise it formally. Lawyers for Dr Upton argued Ms Peggie was aggressive and confrontational, something the nurse also denied.

Her legal team insisted she was simply “sticking to her guns”.

The judgment in Sandie Peggie vs NHS Fife and Dr Upton has been published here, external.

We will bring you the key lines from the 318-page document.

Stick with us for reaction and analysis.

Image source, PA Media

The employment tribunal case was brought by Sandie Peggie, a nurse who has worked for the NHS for 30 years.

She was suspended from her job in a Kirkcaldy hospital's A&E department following a row with Dr Beth Upton, a junior doctor who began working in the A&E department in August 2023.

Dr Upton was born biologically male but assumed a female identity in 2022. Dr Upton’s usage of a changing room marked for females only – approved by NHS Fife - upset Ms Peggie.

She confronted Dr Upton in the changing room on Christmas Eve 2023, which resulted in her suspension from work.

Ms Peggie claimed her experiences after the incident amounted to harassment and took legal action against the health board and Dr Upton, citing the Equality Act 2010.

Good afternoon and welcome to our live coverage of the ruling in the Sandie Peggie employment tribunal case.

We'll bring you all the findings, analysis and reaction right here as we look through the report., external

But first, let's catch up on how we got to this point.