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NHS Fife bid to block livestream of Peggie hearing dismissed
NHS Fife bid to block livestream of Peggie hearing dismissed

The Herald Scotland

time14-05-2025

  • Health
  • The Herald Scotland

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. — 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."

Hundreds complain of ‘cover up' over NHS privacy bid in trans case
Hundreds complain of ‘cover up' over NHS privacy bid in trans case

Yahoo

time15-04-2025

  • Health
  • Yahoo

Hundreds complain of ‘cover up' over NHS privacy bid in trans case

More than 600 people have objected to a Scottish NHS trust's attempts to shut the public out of a transgender tribunal case. They have complained that NHS Fife has no right to restrict access to the case about a transgender doctor being allowed to use a female hospital changing room. Sandie Peggie, a nurse, is suing the health board on the grounds that she was subjected to harassment and discrimination after being suspended for objecting to sharing a changing room with Dr Beth Upton, a biological man who identifies as a woman. The case, in Dundee, was adjourned in March and scheduled to resume in July after it emerged that NHS Fife had failed to disclose documents that Ms Peggie's lawyers deemed to be of material interest. A closed hearing was held on Tuesday after the trust submitted an application for the tribunal to restrict access to a Cloud video platform, which allows members of the public to view proceedings remotely, when the case resumes. NHS Fife has also asked Sandy Kemp, the tribunal judge, to revoke permission for Tribunal Tweets, a volunteer-led collective of citizen journalists, to live-report the proceedings. The health board is understood to have raised concerns that errors were made during live reports when the tribunal started in February and it was concerned about 'fairness and accuracy'. The application has attracted 634 complaints to the courts service. At the weekend, a message was posted on the Mumsnet internet forum encouraging members to complain. It warned that 'very few objections to NHS Fife's attempts to deny public access (in person or remote) to the second part of the hearing due in July' had been made. It provided members with details of how to complain about the attempt 'to have justice done behind closed doors'. Court documents submitted by lawyers on behalf of feminist campaign groups Sex Matters and For Women Scotland, Murray Blackburn Mackenzie, a policy analysis collective, and Tribunal Tweets argue that if the court approved NHS Fife's application, they and members of the public unable to attend in person would be 'shut out', removing their ability to scrutinise the case and share details with the wider public. 'The significance of remote hearings, as a tool for open justice, and of citizen journalism/policy and campaign work as a tool for public education about the law and the justice system cannot be overstated,' the submission states . It said there are 'compelling public interest reasons which go to the fact that so many members of the public have sought to observe this case', adding: 'This case goes to one of the most pressing legal issues of our time. The issues around women's rights, access to women's spaces and the rights of biological males with trans identities have captured public concern like few others. 'There are very few other legal issues which the public at large perceive, rightly, to have so great a potential impact on their day-to-day lives, as well as involving matters of principle.' Regarding live tweets of the case, the submission argues that any errors were minor and describes the health board's request for live-reporting to be banned as 'overblown and entirely disproportionate to the actual substance of their complaint'. The submission also alleges 'a number of failures and omissions in terms of disclosure' by NHS Fife. These relate to allegations that the health board was 'extraordinarily negligent' for failing to disclose documents related to an 'aborted' investigation into Ms Peggie. It added: 'There are real and pressing concerns about the transparency with which their defence in this litigation has been conducted. Such concerns might be of public interest in any case, but particularly so when that defence has been conducted by and on behalf of a public institution and regulated professionals, funded out of taxpayers' money'. MSP Tess White, the Scottish Conservative equalities spokesman said: 'Scots are understandably outraged at this attempt by NHS Fife to block public access to this hearing. 'There is huge interest in this case – because it is fundamental to women's rights – but this health board is doing everything in its power to keep it out of view from the public. 'Given that the taxpayer is footing a potentially massive bill for this case, NHS Fife shouldn't attempt to restrict access to open justice.' It is understood that NHS Fife's application is still being considered by the tribunal. In a statement released last week, NHS Fife said: 'During the hearing in February, the employment tribunal restricted Cloud video platform (virtual viewing) access to press/journalists due to technical issues, as well as interruptions caused by non-media observers. 'The technical issues and interruptions caused significant delays which impacted the tribunal's progress. A request has therefore been made that this approach be maintained in July. If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.

Hundreds complain of ‘cover up' over NHS privacy bid in trans case
Hundreds complain of ‘cover up' over NHS privacy bid in trans case

Telegraph

time15-04-2025

  • Health
  • Telegraph

Hundreds complain of ‘cover up' over NHS privacy bid in trans case

More than 600 people have objected to a Scottish NHS trust's attempts to shut the public out of a transgender tribunal case. They have complained that NHS Fife has no right to restrict access to the case about a transgender doctor being allowed to use a female hospital changing room. Sandie Peggie, a nurse, is suing the health board on the grounds that she was subjected to harassment and discrimination after being suspended for objecting to sharing a changing room with Dr Beth Upton, a biological man who identifies as a woman. The case, in Dundee, was adjourned in March and scheduled to resume in July after it emerged that NHS Fife had failed to disclose documents that Ms Peggie's lawyers deemed to be of material interest. A closed hearing was held on Tuesday after the trust submitted an application for the tribunal to restrict access to a Cloud video platform, which allows members of the public to view proceedings remotely, when the case resumes. NHS Fife has also asked Sandy Kemp, the tribunal judge, to revoke permission for Tribunal Tweets, a volunteer-led collective of citizen journalists, to live-report the proceedings. The health board is understood to have raised concerns that errors were made during live reports when the tribunal started in February and it concerned about 'fairness and accuracy'. The application has attracted 634 complaints to the courts service. At the weekend, a message was posted on the Mumsnet internet forum encouraging members to complain. It warned that 'very few objections to NHS Fife's attempts to deny public access (in person or remote) to the second part of the hearing due in July' had been made. It provided members with details of how to complain about the attempt 'to have justice done behind closed doors'. Court documents submitted by lawyers on behalf of feminist campaign groups Sex Matters and For Women Scotland, Murray Blackburn Mackenzie, a policy analysis collective, and Tribunal Tweets argue that if the court approved NHS Fife's application, they and members of the public unable to attend in person would be 'shut out', removing their ability to scrutinise the case and share details with the wider public. 'The significance of remote hearings, as a tool for open justice, and of citizen journalism/policy and campaign work as a tool for public education about the law and the justice system cannot be overstated,' the submission states . It said there are 'compelling public interest reasons which go to the fact that so many members of the public have sought to observe this case', adding: ' This case goes to one of the most pressing legal issues of our time. The issues around women's rights, access to women's spaces and the rights of biological males with trans identities have captured public concern like few others. 'There are very few other legal issues which the public at large perceive, rightly, to have so great a potential impact on their day-to-day lives, as well as involving matters of principle'. Regarding live tweets of the case, the submission argues that any errors were minor and describes the health board's request for live-reporting to be banned as 'overblown and entirely disproportionate to the actual substance of their complaint'. The submission also alleges 'a number of failures and omissions in terms of disclosure' by NHS Fife. 'Negligent' These relate to allegations that the health board was 'extraordinarily negligent' for failing to disclose documents related to an 'aborted' investigation into Ms Peggie. It added: 'There are real and pressing concerns about the transparency with which their defence in this litigation has been conducted. Such concerns might be of public interest in any case, but particularly so when that defence has been conducted by and on behalf of a public institution and regulated professionals, funded out of taxpayers' money'. MSP Tess White, the Scottish Conservative equalities spokesman said: 'Scots are understandably outraged at this attempt by NHS Fife to block public access to this hearing. 'There is huge interest in this case – because it is fundamental to women's rights – but this health board is doing everything in its power to keep it out of view from the public. 'Given that the taxpayer is footing a potentially massive bill for this case, NHS Fife shouldn't attempt to restrict access to open justice.' It is understood that NHS Fife's application is still being considered by the tribunal. In a statement released last week, NHS Fife said : 'During the hearing in February, the employment tribunal restricted Cloud video platform (virtual viewing) access to press/journalists due to technical issues, as well as interruptions caused by non-media observers. 'The technical issues and interruptions caused significant delays which impacted the tribunal's progress. A request has therefore been made that this approach be maintained in July. If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available.'

NHS Fife seeking to block public from watching livestream of Sandie Peggie trans row employment tribunal
NHS Fife seeking to block public from watching livestream of Sandie Peggie trans row employment tribunal

Yahoo

time11-04-2025

  • Health
  • Yahoo

NHS Fife seeking to block public from watching livestream of Sandie Peggie trans row employment tribunal

A Scottish health board is seeking to bar the public from the online viewing of the conclusion of an employment tribunal centred around a transgender doctor using a female changing room. NHS Fife has requested only media be allowed to watch the livestream of the case brought by nurse Sandie Peggie against the health board when it resumes in July. It claims technical issues and "interruptions caused by non-media observers" caused "significant delays" to proceedings at earlier tribunal hearings in Dundee in February. Ms Peggie was suspended from Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Beth Upton - a trans woman - using the changing facilities in the A&E department on Christmas Eve 2023. The tribunal heard Ms Peggie was suspended following an allegation of bullying and harassment by Dr Upton. The nurse later lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room - indirect harassment; victimisation; and whistleblowing. The earlier tribunal hearings could initially be viewed virtually by members of the public, however the judge later restricted virtual access to accredited media. The health board has asked the tribunal for this approach to continue, but said members of the public would still be able to attend the hearings in person. Read more from the tribunal: Fife said: "During the hearing in February, the employment tribunal restricted cloud video platform (virtual viewing) access to press/journalists due to technical issues, as well as interruptions caused by non-media observers. "The technical issues and interruptions caused significant delays which impacted the tribunal's progress. A request has therefore been made that this approach be maintained in July. "If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available." The health board has also asked the tribunal to revoke the Tribunal Tweets group's permission to live-tweet proceedings, saying there had been a public complaint about the posts. Tribunal Tweets, policy analysis collective Murray Blackburn Mackenzie, and the organisations For Women Scotland and Sex Matters have together written to Nick Goodwin, chief executive of His Majesty's Courts and Tribunals Service (HMCTS), suggesting improvements to the online viewing system. Lisa Mackenzie, of Murray Blackburn Mackenzie, said: "This is an important case that has generated considerable public interest. "Seeking to restrict access to the HMCTS livestream, when there are very few seats in the public gallery, is a deeply cynical move by NHS Fife and one that we hope will be resisted by the judge. "It should be pressing for the technical issues to be resolved instead of seeking to put in place further barriers to open justice." An HMCTS spokesperson said: "Decisions on how cases are conducted are made by the independent judiciary. "In this case, all remote participants will be automatically muted at the point of joining the July hearing to minimise disruptions."

NHS Fife seeking to block public from watching livestream of Sandie Peggie trans row employment tribunal
NHS Fife seeking to block public from watching livestream of Sandie Peggie trans row employment tribunal

Sky News

time11-04-2025

  • Health
  • Sky News

NHS Fife seeking to block public from watching livestream of Sandie Peggie trans row employment tribunal

A Scottish health board is seeking to bar the public from the online viewing of the conclusion of an employment tribunal centred around a transgender doctor using a female changing room. NHS Fife has requested only media be allowed to watch the livestream of the case brought by nurse Sandie Peggie against the health board when it resumes in July. It claims technical issues and "interruptions caused by non-media observers" caused "significant delays" to proceedings at earlier tribunal hearings in Dundee in February. Ms Peggie was suspended from Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Beth Upton - a trans woman - using the changing facilities in the A&E department on Christmas Eve 2023. The tribunal heard Ms Peggie was suspended following an allegation of bullying and harassment by Dr Upton. The nurse later lodged a complaint of sexual harassment or harassment related to a protected belief under Section 26 of the Equality Act 2010 regarding three incidents when they shared a changing room - indirect harassment; victimisation; and whistleblowing. The earlier tribunal hearings could initially be viewed virtually by members of the public, however the judge later restricted virtual access to accredited media. The health board has asked the tribunal for this approach to continue, but said members of the public would still be able to attend the hearings in person. NHS Fife said: "During the hearing in February, the employment tribunal restricted cloud video platform (virtual viewing) access to press/journalists due to technical issues, as well as interruptions caused by non-media observers. "The technical issues and interruptions caused significant delays which impacted the tribunal's progress. A request has therefore been made that this approach be maintained in July. "If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available." The health board has also asked the tribunal to revoke the Tribunal Tweets group's permission to live-tweet proceedings, saying there had been a public complaint about the posts. Tribunal Tweets, policy analysis collective Murray Blackburn Mackenzie, and the organisations For Women Scotland and Sex Matters have together written to Nick Goodwin, chief executive of His Majesty's Courts and Tribunals Service (HMCTS), suggesting improvements to the online viewing system. Lisa Mackenzie, of Murray Blackburn Mackenzie, said: "This is an important case that has generated considerable public interest. "Seeking to restrict access to the HMCTS livestream, when there are very few seats in the public gallery, is a deeply cynical move by NHS Fife and one that we hope will be resisted by the judge. "It should be pressing for the technical issues to be resolved instead of seeking to put in place further barriers to open justice." An HMCTS spokesperson said: "Decisions on how cases are conducted are made by the independent judiciary. "In this case, all remote participants will be automatically muted at the point of joining the July hearing to minimise disruptions."

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