No ban on public viewing Sandie Peggie tribunal online
A health board has failed in its bid to bar the public from viewing future hearings in an employment tribunal about a transgender doctor using a female changing room.NHS Fife sought a court order to restrict an online stream of the case brought by nurse Sandie Peggie when it resumes in July. It wanted access restricted to media only and also asked the tribunal to revoke access for social media account Tribunal Tweets, which was providing live coverage of proceedings on X.However, the tribunal ruled that locking out the public would be "unduly restrictive" and rejected NHS Fife's complaint about the X account, despite concerns over reporting errors.
Initial hearings in the case took place in February.Ms Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy on 3 January 2024 after she complained about having to share changing facilities with Dr Beth Upton.Dr Upton, who is transgender, made an allegation of bullying and harassment.The incidents alleged by Dr Upton happened before the UK supreme court unanimously ruled that a woman is defined by biological sex under equalities law.
The initial hearings in February could be viewed by members of the public on an online stream.However, the judge later restricted virtual access to accredited media.NHS Fife said that should continue into the next session, citing technical issues and interruptions caused by unaccredited observers.The board said that had caused "significant" delays which had interrupted proceedings.But the tribunal ruled those beyond the accredited press had a "legitimate interest" in the proceedings and that not all those who wanted to attend in person would be able to.In his ruling, Judge Kemp said the tribunal "considers that the principle of open justice is such that so far as practicable and appropriate the arrangements should allow those who wish to observe the hearing remotely to do so".
Meanwhile, Tribunal Tweets were also granted access to report on live proceedings, but the judge warned the group that its coverage must be "fair and accurate".NHS Fife had asked for the group to be banned from covering the case due to a public complaint.Judge Kemp there was a "concern" that during previous coverage, comments were written "not by a witness or participant, but another observer".The judge said that the tribunal could revoke access if the conditions for "live tweeting" were breached again.But he said the "threshold had not been reached" to revoke permission on this occasion.Hearings at the tribunal are due to resume on 16 July.
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