A British employment tribunal has ruled that employers can allow trans women to use female changing rooms even after a recent UK Supreme Court decision stating that, under the Equality Act, only ‘biological women’ fall under the protected category of “women”. The tribunal clarified, however, that such arrangements are not automatically lawful: depending on the circumstances, they may still give rise to complaints or legal challenges, meaning workplaces must handle these situations carefully and may need alternative solutions when concerns are raised.
The case centred on Sandie Peggie, a nurse in Scotland, who objected to sharing a changing room with a born male (‘trans woman’) doctor. Peggie claimed the National Health Service (NHS) board harassed and discriminated against her because of her gender-critical views. The tribunal found that NHS did harass Peggie by failing to reconsider the trans woman’s access to the female changing room after Peggie complained, and by taking an unreasonably long time to investigate allegations made against Peggie following her conversation with the trans colleague. However, the tribunal dismissed the rest of her claims.
NHS representatives said the ruling largely supported its position but that it would study the judgment in detail. Peggie said she felt relieved and pleased that the tribunal acknowledged she had been harassed by her employer.
