Sandie Peggie's legal team has claimed an employment tribunal judgment applied the "wrong legal analysis" to determine whether NHS Fife could lawfully permit a transgender doctor to use the women's changing room.
The nurse instructed her legal team to publish her grounds of appeal on Friday due to "significant public and media interest".
Ms Peggie took action against the health board after sharing a changing room with transgender medic Dr Beth Upton at Kirkcaldy's Victoria Hospital in December 2023.
In December 2025, the tribunal awarded Ms Peggie a partial victory, upholding claims of harassment against her employer, but dismissing allegations of discrimination, indirect discrimination and victimisation.
Her legal team is now appealing against the decision to dismiss those allegations.
The high-profile case became a flashpoint in a row over gender rights, with a number of pro-women's rights campaigners - including Harry Potter author JK Rowling - voicing support for the nurse.
Ms Peggie's legal team earlier announced an appeal against the findings will be allowed to move forward, with a hearing likely to take place early in the new year.
The appeal claims the employment tribunal judgment applied the "wrong legal analysis" to determine whether NHS Fife could lawfully permit Dr Upton to use the women's changing room.
It claims the judgment "wrongly concluded" it was lawful for Dr Upton to use the women's changing facilities prior to 16 September 2023 and from 14 April 2024 onwards.
The appeal also claims the judgment "reduced the high threshold of protection" afforded to the nurse's ECHR (European Convention on Human Rights) rights of freedom of thought, conscience and religion, and freedom of expression, and "reached an incorrect or perverse conclusion".
The appeal is inviting the employment tribunal to "set aside the judgment" and instead conclude that NHS Fife's conduct in permitting Dr Upton to use the women's changing room had the effect of "subjecting (Ms Peggie) to harassment related to sex".
The appeal argues Ms Peggie was "subjected to unlawful indirect sex discrimination" as a result of the decision to allow Dr Upton to use the women's changing facilities.
It is also claiming NHS Fife "victimised" Ms Peggie and "harassed (her) for rejecting harassment", contrary to the Equality Act 2010.
Judge James Tayler previously found there was reasonable justification for bringing 13 of the grounds to appeal.
However, one of the grounds, which claimed the tribunal was "biased" and had not properly carried out its judicial duties, was rejected.
Ms Peggie's legal team plan to challenge the decision and will request a Rule 3 (10) hearing, which is expected to take place before the full hearing next year.
NHS Fife was contacted for comment.
(c) Sky News 2026: Nurse Sandie Peggie's legal team claims employment tribunal judgment applied 'wrong legal ana
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