
NHS Fife bid to block livestream of Peggie hearing dismissed
However, it is understood they were told such a move would be contrary to the principle of open justice.
The Employment Tribunal was originally due to finish in February after ten days but has now been adjourned until 16 July, when it is expected to last a further 11 days.
The extension is partly due to NHS Fife failing to hand over documentation it had been ordered to provide by the judge.
Ms Peggie, a nurse at Victoria Hospital in Kirkcaldy, is suing the board after she was suspended for raising concerns about a trans woman doctor, Beth Upton, using a female changing room.
On Christmas Eve 2023, she experienced a sudden heavy period and was worried she had bled through her scrubs. When she went to the facility and found Dr Upton already there, she stated that, in her view, the medic was a man and should not be in the room.
Shortly after, Dr Upton made a formal complaint.
Ms Peggie was placed on special leave in late December 2023 and suspended from duty in January 2024, pending an investigation into her 'alleged unwanted behaviours towards another member of NHS Fife staff.'
Her suspension was lifted in April, but she remained subject to disciplinary proceedings. She later launched legal action against NHS Fife and Dr Upton, alleging multiple breaches of the Equality Act 2010.
The livestream of the tribunal attracted large numbers of public observers, but the Cloud Video Platform (CVP) used by HM Courts and Tribunals Service suffered technical issues, particularly under high demand.
Observers were not automatically muted and could keep their cameras on, occasionally appearing on the tribunal's main screen — causing disruption.
Towards the end of the hearing's first phase, CVP access was cut for everyone except the media.
NHS Fife claimed the interruptions caused delays.
Separately, they also accused Tribunal Tweets of making 'a number of inaccuracies,' arguing that their permission to live-tweet — granted on the basis of fair and accurate reporting — should be revoked.
However, it is understood the judge rejected both requests.
On Tribunal Tweets, the court acknowledged that some mistakes had been made, but that they did not consider that the threshold had been reached at which they would need to revoke access.
Tribunal Tweets permission to live-tweet proceedings in Peggie vs NHS Fife & Dr Upton remains in place. The respondents' application was denied. The tribunal is scheduled to resume on 16 July 2025. https://t.co/HqwAECA7ts pic.twitter.com/CI7b1t1z7b — Tribunal Tweets (@tribunaltweets) May 14, 2025
A spokesperson for NHS Fife said: "An approach was made by the tribunal for comment after a member of the public raised concerns about the accuracy of the live-tweeting from the Tribunal Tweets account during the earlier proceedings.
"Our legal representatives subsequently provided feedback to the tribunal and we accept todays decision."
The Scottish Tory equalities spokeswoman Tess White MSP said the decision was "another humiliation for NHS Fife."
She added: "Given the huge public interest in this case, it was appalling the health board was hellbent on keeping the public in the dark from proceedings.
"If it [the case] does press ahead, they must guarantee the public can witness and report on this case without any restrictions being imposed on them."
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Daily Mail
6 hours ago
- Daily Mail
NHS bosses who denied boy, 8, treatment because he attends a private school could be guilty of 'indirect discrimination' says barrister
NHS bosses may have 'indirectly discriminated' against a boy by denying him treatment because he went to private school, a barrister has said. Daniel ShenSmith, a practising lawyer and internet personality, said such a move would be 'unethical' and could breach the Equality Act 2010. It comes after the Mail on Sunday revealed the boy, eight, was denied occupational therapy for this hypermobility syndrome because he is not state-educated. The website of his local NHS Trust, in west London, confirms 'referral criteria' limits the service to children attending a 'state-maintained Richmond school'. On his YouTube channel, Mr ShenSmith explained that such a policy would be potentially 'indirectly discriminatory' because it puts some people with a disability at a disadvantage. He added: 'It's just unethical. How can you justify not treating a child because they go to a private school? 'In my view there is no possible justification for this. 'I think this is indirectly discriminatory. It is a practise that needs to stop. They need to treat all these children in the same fair way, which you might expect an NHS trust to do.' The website of Kingston and Richmond NHS Foundation Trust confirms 'referral criteria' limits occupational therapy to children attending a 'state-maintained Richmond school' He pointed out that the policy is even 'spelt out' on the trust's website, and added: 'I don't think the lawyers looked at this one – and if they did... they need to look at it again.' The intervention comes after the Mail on Sunday revealed the family of the child, who asked to remain anonymous, believe a 'two-tier system' is now at play. However, the Department of Health and Social Care (DHSC) has said any suggestion school choice was a factor was a 'miscommunication'. According to the boy's mother, he was referred to a paediatrician at Kingston Hospital in south-west London after she noticed he was 'struggling to hold the pen well enough to write properly', along with other mobility issues. At the hospital appointment she was asked to fill in a form which asked: 'Where does your child go to school?' She had been hoping to get an appointment with Richmond children's occupational therapy service that would have been the 'most important stage' of his assessment. However, days later, she received a text message saying the child had been 'declined' the crucial next appointment with occupational health therapists. She then discovered that the specialist unit had written a letter to her GP saying: 'We are unable to see this child as we do not provide a service to school age children who attend an independent schools [sic]. 'We are only commissioned to provide a service to the mainstream schools.' The boy's older brother – who has the same condition, had been treated without issue several years earlier. In his video about the case, Mr ShenSmith said: 'Why should it make any difference whatsoever whether they attend a state-maintained school as opposed to an independent school?' He said one possible reason for the policy may be to do with administrative processes related to funding. However, he added: 'That's wrong in my view, because that then excludes anyone that goes to an independent school that their parents pay for, and in my view that could be at the very least indirectly discriminatory.' He said under the Equality Act, a blanket policy can be potentially indirectly discriminatory if it 'has an effect which particularly disadvantages people with a protected characteristic'. This would include people with disabilities. Mr ShenSmith, who runs ShenSmith Law, is registered with the Bar Standards Board and was called to the Bar in 2018. He works in a wide range of fields including family, commercial and intellectual property law. In addition, he runs the YouTube channel BlackBeltBarrister, which aims to 'help people understand law'. He added that the Richmond policy was also in breach of the general statutory duty under the current legislation - the National Health Service Act 2006. He told Mail Online: 'This establishes the framework for NHS England to provide universal and free at the point of use service to all eligible individuals including children, regardless of where they attend school.' Health Secretary Wes Streeting was urged this week to 'act swiftly' to intervene in the case. A spokesman for Kingston and Richmond NHS Foundation Trust said the boy had not been denied treatment because of his school. They said occupational therapy services are provided to all children who hold an education, health and care plan (EHCP), regardless of their school. For those without an EHCP, some state schools provide an on-site NHS occupational therapy advice. The spokesman added: 'We are sorry if the wording of our correspondence has caused upset and confusion; we will amend it prospectively.' It is understood anyone without an ECHP who attends a private school would not be able to use on-site services at state schools. A DHSC spokesman said: 'NHS services are free at the point of use to all. 'NHS occupational therapy services are provided for all children with an EHCP. 'For those without an EHCP, some schools provide on-site NHS occupational therapy. 'The Trust has apologised for any miscommunication in its correspondence with the family and is amending its wording to avoid any confusion in the future.' In a separate case, families are currently awaiting a judgement from the High Court on the Government's decision to impose VAT on private school fees. To view Mr ShenSmith's full commentary visit the BlackBeltBarrister YouTube channel.


The Courier
2 days ago
- The Courier
How a Kinross woman's beloved pet dog is inspiring bid to change law
A campaigning mum from Kinross hopes the memory of her much-loved dog will help change the law for people who need 'emotional support animals'. Elizabeth Crammond took up the challenge to change UK equalities law after sadly losing Daisy in March. The Yorkshire terrier, who joined the family in 2009, was a constant companion and helped Elizabeth cope with stressful situations. She has fybromialgia and other debilitating conditions, and was diagnosed with post-traumatic stress disorder. The presence of her canine companion was a constant source of comfort after her own mother died from cancer in 2011. Daisy, classed as an emotional support animal with a doctor's note to prove it, would still be turned away from places including restaurants and public venues. 'After my mum passed away, Daisy was my emotional support,' Elizabeth told The Courier. 'She was the tiniest thing, she went everywhere with me to the point I lived my life around her. 'I was having a lot of anxiety and panic attacks, and that's where my fybromialgia would come in.' The condition flared up under stress, she says, causing even more anxiety about leaving the house and living a normal life. 'Daisy knew when an attack was coming and she would bring me back into the zone,' Elizabeth said. Daisy would even help support her own little daughter, now four, as she was growing up. Elizabeth, 42, who works in education, realised she would have to change the Equality Act 2010 to put support animals on the same footing as guide dogs. She's doing that by enlisting help from her local MP Pete Wishart and lodging a petition at Westminster to show UK-wide support. Elizabeth says the change of the law will also help people with unseen conditions, avoiding embarrassing situations in public places. Her petition – called Daisy Companion Law – is live on the Commons website.


Daily Mail
04-06-2025
- Daily Mail
EXCLUSIVE Hotel chef sacked over blazing row with boyfriend in front of guests because he had slept with one of her friends blames anxiety as she wins £13,000 for wrongful dismissal
A young chef who was sacked from a luxury hotel after a foul-mouthed rant at her 'cheating' boyfriend in front of shocked guests has been awarded more than £13,000 by an employment tribunal. Abbie Garner, 21, triggered a slew of complaints when she accused colleague Dylan Bolt of sleeping with one of her friends, screaming: 'You f****** made me love you, then you cheated on me, you c***.' She was dismissed following a surly appearance at a disciplinary hearing where she turned up late and snapped: 'I have apologised. What else do you want?' But she has won a claim for disability discrimination against The Lifehouse Spa and Hotel in Thorpe-le-Soken, Essex, after arguing her 'inability to control her anger' was because she was suffering from anxiety and depression at the time. The commis chef was told she would receive £13,455 in damages due to her 'unfavourable treatment'. The four-star 12-acre resort, which promises guests 'a world of complete serenity in our adults-only oasis' and charges up to £269 for an exclusive spa day, declined to comment when approached by the Mail. A spokeswoman said: 'This is a personnel-related matter and our company policy means we will not comment on an employee, either current or previous.' Ms Garner's father, David, 51, said: 'You can't see all disabilities. 'I'm not trying to say that the hotel are bad people. They made a common mistake and they have to realise that this is now unacceptable to treat staff or anyone in that manner. There needs to be more understanding.' He added: 'It was a horrible break-up, unfortunately, but as they worked and lived together we tried to support them. But at work we couldn't do anything. 'She's doing well in herself [now]. She's got a new job, totally changed career because she could not handle the stress in a kitchen and the way it was handled. 'She's now working in care, so she's away from the one room hot stress scenario. 'The money won't change anything. She wants to work.' The peace and quiet at the hotel was shattered on August 9, 2023, when Ms Garner, who worked in the hotel's two AA Rosette restaurant, got into an argument with her then-boyfriend at the start of her shift. 'Several of the staff heard [Miss Garner's] voice loudly swearing', the tribunal heard. 'She was arguing with Dylan Bolt, who she had been in a relationship with at the time. Mr Bolt had apparently slept with one of her friends. 'The argument started in a corridor outside the laundry room near the kitchen. This corridor connects to both the spa reception and an outdoor sunbathing area, both of which are used by guests. 'This corridor is open plan, with hard walls and floor – we accept that the sound echoes – and the door to the spa reception is open during the summer months. '[Miss Garner] was heard shouting 'f***' and 'c***' at Mr Bolt by numerous staff and guests, including in the spa reception. 'The argument continued into the outdoor loading bay area next to a sunbathing area used by guests.' A staff member told the hotel's investigation: 'I could hear shouting and swearing. The swearing from the female could be heard in the spa reception areas. 'The female member of staff was saying 'You fucking made me love you, then you cheated on me, you c***'. 'The male member of staff was saying 'I'm not f****** doing this now' and she replied 'F*** off then'. 'She was obviously angry and screaming and shouting but the language used and the shouting was not acceptable.' The argument continued until a restaurant manager, Jean Mercure, intervened, the hearing was told. He took Miss Garner into reception, while the head chef led Mr Bolt into the changing rooms. The next day Sarah Tester, the hotel's finance and operations director, received several complaints about the shouting, with one guest giving negative remarks upon checking out. After the investigation, Miss Garner was asked to attend to a disciplinary hearing on August 15, 2023. But she failed to apologise when she turned up late, admitted she had not fully read her invitation letter and was not accompanied by a representative. She admitted to the shouting and swearing and that it was unacceptable in the workplace but blamed Mr Bolt for her behaviour. At the end of the meeting, she told Ms Tester: 'I have apologised. What else do you want? Ms Tester concluded that Miss Garner had committed serious misconduct and decided to fire her. The decision was then appealed, with Miss Garner stating that her irritability, anger and mood swings arose from her disabilities of depression, anxiety and polycystic ovary syndrome - a condition that affects fertility, metabolism and overall health - which she had previously made the hotel aware of. When her appeal was turned down, she took the hotel's owners, Thorpe Hall Leisure Limited, to the tribunal in east London where she won claims for disability discrimination and a failure to make reasonable adjustments. Employment Judge Catrin Lewis accepted Ms Garner's 'continued employment posed a risk to the respondent's reputation' but added this didn't justify filing to consider whether her conduct was linked to mental health. She said: 'We have found that [Miss Garner's] inability to control her anger and her abruptness in the disciplinary meeting both arose in consequence of her disability. 'It was not disputed that being dismissed amounted to unfavourable treatment. 'We are satisfied that Ms Tester was aware that [her] behaviour was unusual and she was also aware that [she] had recently returned to work after a period of poor mental health and was on anti-depressant medication.' The hotel, which has treatment rooms, a gym, pool, spa and 89 guestrooms, was dubbed the UK's first 'dementia spa' in 2019 after it started offering treatments for people with the condition.