In December, the tribunal rejected all claims made against Dr Upton. However, it upheld some of Peggie's complaints against NHS Fife. The health board has confirmed that Dr Upton left NHS Fife at the end of 2025. A spokesperson said: "As this is a personal employment matter, we will be making no further comment."

Sandie Peggie, who has worked as an NHS nurse for 30 years, claimed she experienced harassment. She objected to sharing a women's changing room with Dr Upton, who was born male but identifies as a woman. After Dr Upton raised a complaint in early 2024, Peggie was suspended from her job.

Peggie then took legal action against both NHS Fife and Dr Upton under the Equality Act 2010, arguing that her treatment amounted to harassment. During the hearing, the tribunal was told that Dr Upton began transitioning in 2022. When she started working at the hospital in August 2023, it had been agreed with a supervisor that she would use the women's changing room.

Lawyers for NHS Fife and Dr Upton said the doctor "is a human being who is just doing a job" and argued that she had been placed in a difficult situation despite having permission to use the facilities.

In its 312-page decision, the tribunal ruled that NHS Fife should have temporarily stopped allowing Dr Upton to use the women's changing room after Peggie made her complaint. Overall, the tribunal supported Peggie in four parts of her case, but rejected her other claims against both the health board and Dr Upton. The judgement also concluded that comments made by Peggie towards Dr Upton amounted to harassment.

After the decision, Peggie said she would not "give up her legal fight". Her legal team later confirmed they plan to appeal the ruling, including two corrected versions of the judgement. Peggie said the outcome "fell short" because her claims of discrimination and victimisation were dismissed.