Peggie’s solicitor Margaret Gribbon confirmed the move on Thursday.
The nurse was suspended by NHS Fife after complaining about having to share a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023.
She was placed on special leave after Upton, a transgender medic, made an allegation of bullying and harassment, and cited concerns about patient care.
Peggie had lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.
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Earlier this week, the tribunal published its written judgment, which upheld the harassment claim against NHS Fife, but Peggie’s allegations of discrimination, indirect discrimination and victimisation were dismissed.
A total of 43 counts were thrown out.
The tribunal found that NHS Fife had harassed Peggie by failing to revoke the grant of permission to Dr Upton on an interim basis after Peggie complained, for the period until different work rotas took effect so that they would not work together and said that, as a result, Upton was in the changing room when the claimant was present on two occasions.
It also found that the board had harassed Peggie by taking an unreasonable length of time to investigate the allegation, and by making reference to patient care allegations against her on March 28, 2024, and giving an instruction to her not to discuss the case, until a further message a little over two weeks later, which confirmed that that applied only to the investigation.
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The judgment dismissed the claim made against Dr Upton, who was named as a respondent in the case.
The high-profile case was raised as an urgent question in Holyrood after the judgment was delivered.
Scottish Green MSP Patrick Harvie said the ruling has shown that the “blanket exclusion of trans people” from single-sex facilities is generally unlawful – and the SNP Government must step in to stop it happening across Scotland.
And, news of an appeal comes as an amended version of the employment tribunal decision will be issued, the Judicial Office has said.
It comes after supporters of Peggie claimed parts of the initial decision were incorrect.