For in-house lawyers, this case is a reminder that workplace culture issues can land squarely on your desk – even when they start as HR problems.

Picture this. A long-serving nurse speaks up after a transgender doctor starts using the women’s changing room. What follows is months of internal investigation, suspension, a tribunal – and national headlines. That’s the story at the heart of Peggie v NHS Fife. And while the tribunal has not yet reached its conclusion, the twists and turns are a goldmine of lessons for anyone running a workplace.

With final submissions due soon, here’s what in-house legal teams need to know about the case – and the questions it raises for every employer.

What’s been happening so far?

A long tribunal process

The case first came before the Dundee employment tribunal in February 2025 and has been anything but quick. After ten days of hearings earlier this year, the tribunal paused and picked up again in July. It has included evidence from senior NHS staff and colleagues close to the situation.

We now know that written submissions are due by 25 August 2025, with oral closing arguments set for early September. And a final decision? That could still take months.

Legal costs stacking up

NHS Fife and Dr Beth Upton (the doctor at the centre of the dispute) have spent over £258,000 so far. NHS Fife’s liability is capped at £25,000, with the rest covered by a national insurance scheme. It’s a reminder that litigation can be an expensive and drawn-out process even before a judgment appears.

A backdrop of big legal change

This case comes hot on the heels of an April 2025 Supreme Court decision confirming that the term “woman” in the Equality Act means biological female. But the tribunal has been grappling with whether – and how – that definition applies in the context of workplace facilities like changing rooms.

Evidence under the microscope

The tribunal has also shone a light on the way the investigation was handled. The head of nursing admitted not recalling a risk assessment behind the nurse’s suspension. There were questions about missing documents. And there has been scrutiny of the nurse’s behaviour too, with evidence of her sharing racist jokes in a group chat – something her legal team has tried to explain away as clumsy rather than malicious.

A very public spotlight

From campaign groups to social media, this tribunal has drawn intense public interest. And that means reputational stakes are as high as the legal ones.

Four things for in-house teams to think about

1. Take belief-based complaints seriously
Gender-critical beliefs are a protected characteristic under the Equality Act. That does not mean bad behaviour is excused, but it does mean employers need to handle these issues carefully.

2. Make documentation watertight
This case has shown just how much tribunals rely on the paper trail. Missing records, unclear reasoning or inconsistent processes will be picked apart. If you do not already have a clear process for investigations, now is the time to fix that.

3. Do not underestimate reputational risk
This case has been front-page news without a single ruling being made. It shows how quickly an internal workplace dispute can escalate into a public relations headache.

4. Review your facilities policies
The Supreme Court ruling on sex and single-sex spaces means every employer should review policies on facilities like toilets and changing rooms. Clear policies, communicated to staff, can prevent confusion and conflict later.

What’s next

• 25 August 2025 – final written submissions.
• Early September – two days of oral submissions.
• Likely late 2025 – tribunal judgment.
• Possible appeals – depending on the outcome.

Final thought

Peggie v NHS Fife has become a flashpoint for some of the most sensitive workplace issues of our time: freedom of belief, inclusion, and the practical realities of managing staff. While the tribunal works towards its decision, there is plenty for employers to take away already: document properly, plan carefully, and do not lose sight of how these issues look outside your four walls.