Nurse Sandie Peggie set to appeal tribunal decision after judgement 'falls short in many respects'
Move follows complaints from nurse’s supporters that parts of initial decision in case involving transgender doctor were wrong
Nurse Sandie Peggie has said she will not be giving up her legal fight “any time soon” following her employment tribunal against NHS Fife.
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.
Speaking at a gathering of supporters in Dundee, she said the judgment issued earlier this week “falls short in many respects”.
The nurse thanked those who had supported her, saying it is “difficult to put into words how grateful I am” to her solicitor Margaret Gribbon.
Ms Peggie said: “I am not a campaigner and I had never heard of the phrase gender critical 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.”
She said she was “delighted” at the tribunal’s finding that she had been harassed by NHS Fife, but added: “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.”
READ MORE: Sandie Peggie 'relieved' at ruling against NHS Fife as calls for resignations and apologies follow
Ms Gribbon confirmed her client would be appealing the employment tribunal ruling. She said NHS Fife had “unlawfully harassed Sandie Peggie over a lengthy period of time in 2024”.
Some of the findings in the employment tribunal’s judgment are “hugely problematic”, she said.
Ms Gribbon accused the health board of going on an “archaeological dig to find material to discredit her”.
She added: “It was even suggested to Sandie, by Fife health board’s KC during her cross-examination, that she lied about experiencing a menstrual flood on Christmas Eve 2023.
“So, against that background, it is difficult to envisage what women would contemplate raising a complaint of this nature.”
Ms Gribbon continued: “I can confirm that the tribunal’s judgment will be appealed and work on this is already under way.”
Ms Peggie’s statement came after part of the employment tribunal judgment was 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.
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”.
Comments
Want to join the conversation? Please or to comment on this article.