New version of Sandie Peggie tribunal decision after 'made up' quote

An amended version of the employment tribunal decision involving Sandie Peggie is to be issued amid claims by supporters of the nurse that parts of the initial decision were “made up”.

The judgment, published on Monday, upheld a harassment claim against NHS Fife, but allegations of discrimination, indirect discrimination, and victimisation were dismissed.

Statements contained within the judgment, referencing a case brought by gender campaigner Maya Forstater against the Centre for Global Development Europe, have been brought into question.

Ms Forstater told The Courier that words supposedly contained within the ruling, and cited in the NHS Fife case, do not exist.

The document states that there are “different protected characteristics under the Act, but there is nothing stated specifically within the Act itself, or the court’s decision, that one protected characteristic takes precedence over any other.

“In Forstater v CDG Europe and others UKEAT/0105/20 the Employment Appeal Tribunal had emphasised that:
“It is important to bear in mind that the [Equality Act 2010] does not create a hierarchy of protected characteristics.”

Ms Forstater told the newspaper: “I couldn’t find that quote anywhere.”

The Judicial Office has said an amended copy of the decision will be available shortly.

Writing on social media platform X, Ms Forstater said: “How many errors will be fixed? Will there be an explanation of how they got there? Any accountability?”

Tribunal findings

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

She was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about patient care.

Ms Peggie 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.

Edinburgh & East

NHS board harassed nurse who complained about trans doctor in female changing room

Sandie Peggie was suspended by NHS Fife after complaining about having to share a changing room with Dr Beth Upton.

The harassment claim was upheld, but allegations of discrimination, indirect discrimination and victimisation were dismissed.

NHS Fife was found to have harassed Ms Peggie after failing to revoke permission for Dr Upton to use a female changing room on an interim basis, while the two were on the same rota following a complaint by the nurse.

The tribunal also found that the health board had taken an unreasonable length of time to investigate allegations against Ms Peggie and had harassed her by making reference to patient care allegations against her in March 2024.

A judge ruled that NHS Fife’s decision to bar Ms Peggie from discussing the case until she was told over two weeks later that it only applied to the investigation also amounted to harassment.

All other allegations against the Board were dismissed, as was a claim against Dr Upton specifically.

The ruling stated that the Tribunal had considered the effect of the Supreme Court decision in the case of For Women Scotland v Scottish Ministers in reaching its decision.