Health board seeks to restrict online viewing of tribunal involving trans doctor

A health board is seeking to bar the public from online viewing of future hearings in an employment tribunal about 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 said 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 after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked.

She 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.

Ms Peggie was suspended from her work at the Victoria Hospital in Kirkcaldy, Fife, on January 3, 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal heard in February this year.

The tribunal hearings in February 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 told the Daily Telegraph, which first reported the story: “The respondents have applied to have our permission to report using live text-based communications revoked.

“We will contest that application and believe that we have respected the relevant order and hope to be allowed to continue to report.”

Tribunal Tweets, policy analysis collective Murray Blackburn Mackenzie and the organisations For Women Scotland and Sex Matters have together written to the 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: “We have recently written to HMCTS asking them to iron out some of the technological challenges faced by those seeking to observe proceedings remotely.

“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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