EXPERT WITNESS: Trans rights in the workplace

An update on recent case law

Summary:

Our legal expert Prof Diana Kloss analyses three recent employment tribunal decisions concerning employers’ policies on the use of single-sex toilets and changing facilities by trans workers, and the confusing situation faced by organisations following the 2025 Supreme Court decision in For Women Scotland v Scottish Ministers.

In a recent article in this journal¹, I discussed the case of Sandie Peggie v Fife Health Board², at that time being heard in an employment tribunal in Scotland and attracting considerable interest among lawyers and in the media. The tribunal has now published its decision. In summary, the claim was submitted by Peggie, a nurse at NHS Fife’s Victoria Hospital who has the protected belief that sex is immutable, against her employer, Fife Health Board, and Dr Beth Upton, a transgender woman working at the same hospital in the same department. She alleged …

 

 

Professor Diana Kloss MBE is a barrister, former part-time employment judge, and author

 

Author: Kloss D

Tags gender

Occupational Health at Work February/March 2026 (vol. 22/5) pp32-35

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