NHS Fife bid to block livestream of Peggie hearing dismissed

The Herald Scotland

14-05-2025

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."