Peggie v Fife Health Board & Dr B Upton (Case No. 4104864/2024)

In brief

PEGGIE PARTIALLY WON: the unanimous Judgment of the Tribunal found that "the claimant was harassed by the first respondent in four particular respects, and that claim succeeds to that extent". The remainder of the section 26(1) claim, and the claims under sections 26(2) and 26(3), "do not succeed and those claims are dismissed". S Peggie brought claims against Fife Health Board and Dr B Upton. Scottish Employment Tribunal case dealing with trans inclusion in an NHS workplace context. The case was heard in Dundee over multiple weeks in February, July, and September 2025 with deliberations continuing to November 2025.

Key provisions

• holding-1 — NHS workplace trans inclusion policies: Examination of NHS workplace trans inclusion policies and their impact on employees with gender-critical beliefs. The case tested the limits of institutional policy in healthcare settings.
• holding-2 — Scottish Employment Tribunal jurisdiction: Raised jurisdictional questions specific to the Scottish Employment Tribunal, including cross-border application of equality law.

When relevant

Healthcare sector trans inclusion policies, particularly in Scotland. NHS-specific considerations for balancing patient and staff rights.