An A&E nurse who is taking legal action against her employer over single-sex changing facilities has called for action following the Supreme Court ruling on the legal definition of a woman under equalities law.
Sandie Peggie, a nurse at NHS Fife, has claimed she was subjected to unlawful harassment under the Equality Act 2010 by being made to share a changing room with Dr Beth Upton, a transgender woman.
Now, the nurse has called on NHS Fife to “immediately stop permitting any man who identifies as a woman” access to female-only single-sex spaces.
It comes as the UK Supreme Court ruled last month that the terms “woman” and “sex” in the Equality Act 2010 refer to biological sex.
This means that, under the act, a woman is a biological woman or girl (a person born female), while a man is a biological man or boy (a person born male).
The Supreme Court sided with campaign group For Women Scotland, which had brought a case against the Scottish Government arguing that sex-based protections for women should only apply to people born female.
Interim guidance published by the Equality and Human Rights Commission (EHRC), in wake of the ruling, set out that it was compulsory for workplaces to provide sufficient single-sex toilets and changing facilities for their staff.
The equalities watchdog said that, going forward, trans women should not be permitted to use women’s facilities and trans men should not be permitted to use men’s facilities.
NHS Fife previously said it was taking time to “carefully consider the judgement and its implications”.
Now, in her first statement since the Supreme Court ruling, Ms Peggie has welcomed the judgement.
A statement issued by Ms Peggie’s solicitor said the nurse was “determined to continue with her legal claim” to get accountability from the way she has been treated by NHS Fife.
It added that Ms Peggie “now expects NHS Fife to immediately stop permitting any man who identifies as a woman access to female-only single-sex spaces in the workplace”.
Ms Peggie was suspended from work in January 2024 after Dr Upton made a formal complaint of bullying against her.
It came after the nurse raised concerns about having to share a changing room with the medic.
Ms Peggie has taken Dr Upton and NHS Fife to an employment tribunal, claiming that they have breached the Equality Act 2010, in relation to three incidents in the changing room and what happened afterwards.
The tribunal has adjourned until July.
An NHS Fife spokesperson said: “Following the recent Supreme Court ruling NHS Fife continues to await further expected guidance from the Scottish Government and the Equality and Human Rights Commission on its implications for NHS organisations across Scotland.”
On the ongoing employment tribunal, the spokesperson added: “The case involves a range of complex matters, including an internal investigation that was initiated following concerns raised by a member of staff.
“NHS Fife believes it had a responsibility to fully investigate such matters.”
Separately, NHS Fife this week failed in its bid to bar the public from viewing the rest of the hearings in the summer.
The health board had sought to restrict access to the online stream to media only, but the tribunal ruled against its request yesterday.
