Amended version of Sandie Peggie tribunal decision released

Part of the employment tribunal judgment involving nurse Sandie Peggie has been amended, after her supporters claimed the initial decision contained an incorrect quote.

Following publication of the decision on Monday, a “certificate of correction” was released on Thursday which amends a paragraph in the 312-page judgment.

Maya Forstater, who leads the charity Sex Matters and has supported Ms Peggie’s case against NHS Fife, said she was “astonished” the mistake occurred and she alleged there are further errors in the judgment.

The amendment has not changed the overall verdict of the employment tribunal, which took place in Dundee earlier this year.

On Monday, Ms Peggie’s claims of harassment by the health board were upheld but allegations of discrimination, indirect discrimination and victimisation were dismissed.

Ms Peggie was suspended by NHS Fife after complaining about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital in Kirkcaldy on Christmas Eve 2023.

The quote in question concerns a previous employment tribunal which Ms Forstater herself was involved in.

The quote said the verdict in Ms Forstater’s case emphasised the Equality Act does not create “a hierarchy of protected characteristics”.

In the amended version of the judgment, a different passage from the earlier case is quoted.

The tribunal judgment then says: “We consider that quotation provides support for the proposition that the Equality Act 2010 does not create a hierarchy of protected characteristics.”

In a statement following the amended ruling, Ms Forstater said: “I knew this was wrong, and it’s good it’s being amended, but I am astonished that it happened and I would like an explanation of how it happened.

“Claimants and witnesses going to court swear to tell the truth, the whole truth and nothing but the truth, and we expect nothing less from the judges.

“There are several errors in the judgment beyond the made-up quote attributed to my judgment.

“There is a partial quote from the Supreme Court’s judgment in the For Women Scotland case that has been edited so that its meaning is completely reversed.

“Mistakes like this severely undermine people’s confidence in the legal process.”

Ms Peggie’s solicitor has said aspects of the judgment in the employment tribunal are “hugely problematic for women”.

Her legal team is expected to comment further on the judgment later on Thursday.

NHS Fife said it is “aware that the tribunal have now updated the judgment”.