Oscar Davies of Garden Court Chambers was instructed to represent the intervener, TransLucent, alongside Robin White of Old Square Chambers.
Counsel instructed by Bethany Eldon-Kerr and Kate Robinson of Leigh Day.
TransLucent, a trans-led advocacy organisation was given permission to intervene in the employment tribunal case between nurse Sandie Peggie and Fife Health Board and Dr Beth Upton in August 2025.
The employment tribunal found that the Fife Health Board harassed Ms Peggie under section 26(1) of the Equality Act 2010 but dismissed all other claims including those against Dr Beth Upton.
TransLucent made formal submissions to the tribunal concerning the applicable legislation governing staff use of bathrooms and changing rooms in workplaces, stating that its aim is to ensure that everyone is treated lawfully, respectfully, and with dignity at work.
In a video, Oscar Davies stated:
“Almost every claim was dismissed. No direct discrimination, no indirect discrimination, no victimisation, no sexual harassment – no liability on Dr Beth Upton. The inclusion policy itself was left intact. What did succeed was a very narrow harassment finding against the health board, and this was more about process.
The key part of the tribunal’s reasoning was its application of the Supreme Court’s For Women Scotland case. The tribunal held that that case does not make it inherently unlawful for a trans woman to be permitted to use the women’s changing room at work. It depends on the facts, the employer’s approach and the handling of the situation.”
TransLucent CEO Steph Richards said:
“We note that the tribunal dismissed all claims against Dr Upton, confirming that simply existing as a trans person in the workplace is not unlawful. At the same time, the judgment highlights failings by NHS Fife in managing facilities and processes.”
Press coverage: BBC News
