A review released on Tuesday states: “Where toilets and changing facilities are not in individual separate lockable rooms; separate toilets and changing facilities will be provided for men and women alongside additional gender-neutral facilities.
“Where a facility is provided separately for men and women, it should be used by people whose sex at birth corresponds with the facility.”
The assessment also says that “no-one should be put in a position that they do not have access to suitable facilities that respect and protect their dignity and privacy”.
Ms Peggie was suspended after she complained about sharing a changing room with Dr Upton, on Christmas Eve 2023, while on shift at Victoria Hospital in Kirkcaldy, Fife.
She was placed on leave after Dr Upton alleged Ms Peggie had bullied and harassed them due to their gender identity.
The tribunal heard from a number of witnesses during two weeks of proceedings in late July.
A former friend of Ms Peggie told the tribunal that the nurse had allegedly made comments calling Dr Upton “‘weirdo’, ‘it’ and ‘him’.”
Ms Peggie has claimed that her comments made during the Christmas Eve row constituted a protected disclosure under the Employment Rights Act 1996, and that Dr Upton’s refusal to leave the changing room and their decision to submit what Ms Peggie describes as an “unfounded complaint of bullying” — amounted to retaliation.
Closing submissions took place in early September, and the tribunal will meet again in October for four days of deliberation.
In a statement on Tuesday, NHS Fife said it was “committed to ensuring that all staff have access to facilities which are safe, lawful, and that respect the privacy and dignity of everyone”.
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A spokesperson added: “This assessment forms part of our ongoing review of staff changing and toilet facilities across the NHS Fife estate.
“The review will ensure that our facilities comply with legislative and regulatory requirements.
“Our approach includes providing a balanced mix of single-sex, gender-neutral, and accessible facilities so that no staff member is left without access to appropriate facilities.”
A tribunal panel ruled on Monday that lawyers for NHS Fife acted “negligently” in their handling of a key legal argument in their case against Ms Peggie.
However, the board will still be allowed to run what commentators have dubbed the “Bananarama defence” — after the pop group’s 1980s hit It Ain’t What You Do, It’s the Way That You Do It — arguing that it was the manner of Ms Peggie’s behaviour, rather than her beliefs, that justified its actions.