Sandie Peggie vows to continue legal fight after tribunal ruling

Nurse Sandie Peggie has vowed not to give up her legal fight “any time soon” after her employment tribunal against NHS Fife.

Ms Peggie’s legal team confirmed she will appeal against the tribunal’s judgment, which upheld her claim of harassment but dismissed allegations of discrimination, indirect discrimination and victimisation.

The announcement came on the day Monday’s judgment was amended, after claims by Ms Peggie’s supporters that one of the quotes it contained was “completely made up”.

Maya Forstater, chief executive of the charity Sex Matters, posted a screenshot of part of the judgment on X, with the caption: “One of the many things wrong with the Sandie Peggie judgment.

“This ‘quote’ from my judgment doesn’t come from my judgment. It is completely made up.”

In a further post she suggested the quote may have been generated by AI, sharing a link to a guidance document on the use of AI by judicial office holders, along with the caption: “Guidance for the judiciary on use of AI.

“(But what do I know: I only have a degree in agriculture).”

A “certificate of correction” was released on Thursday which amends a paragraph in the 312-page judgment.

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

The quote in question concerns a previous employment tribunal which Ms Forstater was involved in, and in the amended version of the judgment a different passage from the earlier case is quoted.

In a statement after 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.”

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

Later on Thursday Ms Peggie spoke at an event in Dundee, thanking her supporters and vowing to continue her legal fight.

“I am not a campaigner and (had) never heard of the phrase ‘gender critical’,” she said.

“When I first raised complaints over two years ago about my employer’s decision to allow men into female-only changing rooms, I just knew instinctively that it wasn’t right that women were expected to undress in front of men in private spaces, and I still believe this to be the case.

“Whilst I am delighted that the tribunal was critical of Fife health board and found they had harassed me, their judgment, I believe, falls short in many respects, and that is why I certainly won’t be giving up this legal fight any time soon.”

She became emotional when she spoke about her late father, who she said would be “looking down on me feeling proud”.

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 Dr Upton, a transgender medic, 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.

Her solicitor Margaret Gribbon described some of the findings as “highly problematic”.

She said: “For instance, the judgment places responsibility on female employees to raise complaints if they feel uncomfortable about sharing single-sex spaces with men.

“This ignores industrial realities. When Sandie objected, she was suspended, subjected to an unreasonably lengthy disciplinary investigation and falsely accused of patient care concerns.

“The judgment also places employers in the invidious position of having to make decisions about single-sex workplace facilities, based on the physical appearance of transgender employees and by asking them intrusive questions.

“For these reasons and more, I can confirm that the tribunal’s judgment will be appealed and work on this is already under way.”

Scottish Conservative equalities spokeswoman Tess White said: “Several aspects of this judgment are concerning – including the fact it contains a quote that appears to have been completely fabricated.

“The judgment placed the burden on women to stand up for their own sex-based rights and was ambiguous on the right of women to access single-sex spaces, despite the Supreme Court ruling being crystal clear on this.

“The law is unambiguous: biological women are entitled to single-sex spaces.

“A judgment that jarred with this and undermined women’s confidence in their legal rights being safeguarded at work was always likely to spark an appeal.”