An Employment Tribunal has ruled that NHS Fife harassed nurse Sandie Peggie in connection with a workplace dispute concerning access to women’s changing facilities. However, the Tribunal rejected her remaining claims, including discrimination and victimisation.
The case has attracted significant attention due to the sensitive and complex issues involved, particularly the balance between protected beliefs, gender identity, dignity at work, and how employers should respond to competing rights in the workplace.
A further hearing will take place to determine compensation and remedies.
Background to the Case
The dispute arose from a long-running disagreement over the use of women’s changing facilities by Dr Beth Upton, a colleague of Ms Peggie. Ms Peggie raised concerns with her employer about Dr Upton’s access to the changing room, which led to a protracted internal process and ultimately legal proceedings.
Key Tribunal Findings on Harassment
The Tribunal concluded that NHS Fife’s handling of the situation, rather than the underlying disagreement itself, amounted to harassment in several important respects.
1. Failure to Take Interim Action
The Tribunal found that NHS Fife should have taken temporary or “holding” measures when Ms Peggie first raised concerns. In particular, the health board ought to have considered withdrawing permission for access to the women’s changing room on an interim basis, pending new shift patterns that would have avoided overlap between the two employees.
2. Unreasonable Delays in the Investigation
Significant delays in progressing the investigation were strongly criticised. The Tribunal held that the drawn-out process exacerbated the distress experienced by Ms Peggie and contributed to a harassing working environment.
3. Restrictive Management Instructions
Managers instructed Ms Peggie not to discuss the issue with colleagues or others. The Tribunal found that such directions can isolate employees, undermine trust, and form part of a pattern of harassment when not carefully justified and proportionate.
4. Reliance on Unproven Allegations
The Tribunal also took issue with NHS Fife’s references to unsubstantiated patient-safety concerns about Ms Peggie. These allegations were not proven and were found to be inappropriate, contributing to her feeling demeaned and undermined.
Claims That Were Rejected
While harassment was established, the Tribunal dismissed:
Claims of discrimination
Claims of victimisation
All claims brought directly against Dr Upton
This distinction is important for employers: liability arose from management conduct and process failures, not from the mere existence of disagreement or from the actions of the colleague involved.
Key Lessons for Employers
This case provides important guidance for employers managing sensitive workplace disputes.
Employers should:
Take interim steps when complaints arise to reduce risk and prevent escalation
Progress investigations without delay, as delay itself can amount to unreasonable treatment
Handle confidentiality carefully, avoiding blanket restrictions unless clearly justified
Rely only on verified facts, particularly where allegations could damage reputation
Balance competing rights thoughtfully, recognising that more than one protected interest may be engaged
Ensure managers are properly supported, trained, and advised throughout the process
How Bhayani Law Can Help
Cases like this demonstrate how easily well-intentioned employers can become exposed to legal risk when dealing with complex, emotionally charged workplace issues.
At Bhayani Law, we support employers with:
Managing high-risk workplace disputes involving protected characteristics
Providing practical HR and employment law advice on balancing competing rights
Conducting and supporting fair, timely workplace investigations
Advising managers on appropriate communications and interim measures
Reducing the risk of harassment, discrimination, and victimisation claims
Drafting and reviewing policies on dignity at work, equality, and inclusion
Our approach is pragmatic, legally robust, and focused on protecting your organisation while ensuring fair treatment of employees.
Speak to Our HR & Employment Law Team
If you are dealing with a sensitive workplace issue or would like advice on handling employee complaints, investigations, or equality-related concerns, our team can help. Call 0333 888 1360 or email [email protected]
Early advice can prevent escalation and significantly reduce legal risk.
