No ban on public viewing Sandie Peggie tribunal online

Sandie Peggie was suspended by NHS Fife after complaining about having to share changing facilities with Dr Beth Upton

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 against their requests, meaning the stream can be publicly viewed when the hearings resume in July.

The health board told BBC Scotland it accepted the decision.

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.

Dr Beth Upton alleges she was bullied and harassed by Ms Peggie

Meanwhile, Tribunal Tweets were also granted access to report on live proceedings, provided they were fair and accurate.

NHS Fife had asked for the group to be banned from covering the case due to a public complaint.

The judge said that the tribunal could revoke access if the conditions were breached again.

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 Conservatives' equalities spokeswoman Tess White MSP said the decision was "another humiliation for NHS Fife" and called it a victory for common sense.

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."

Hearings at the tribunal are due to resume on 16 July.