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A nurse suspended over a dispute regarding transgender women’s use of single-sex changing rooms has had her employment tribunal judgment amended after complaints surfaced that a quote included in the ruling was fabricated. The tribunal had originally found NHS Fife guilty of harassing Sandie Peggie in four specific instances but rejected the majority of her other claims. Ms Peggie initiated the case following her suspension, which resulted from a conflict with Dr Beth Upton, a transgender woman.
The initial judgment, which spanned 312 pages, drew concern when campaigners pointed out that it contained a quote falsely attributed to another legal case. In response, the tribunal issued a “certificate of correction” acknowledging clerical errors, mistakes, or omissions, though the overall decision in Ms Peggie’s case remains unchanged. The case has attracted wide attention internationally because it revolves around whether transgender women—individuals assigned male at birth who identify as women—should be permitted to access female-only changing rooms.
A notable supporter of Ms Peggie, campaigner Maya Forstater, publicly criticized the tribunal over the erroneous quote. The ruling had referenced her case against the Centre for Global Development Europe, implying that the Equality Act does not establish a “hierarchy of protected characteristics.” Ms Forstater took to the social media platform X to highlight that this passage was entirely fabricated, stating: “One of the many things wrong with the Sandie Peggie judgment. This ‘quote’ from my judgment doesn’t come from my judgment. It is completely made up.” Following this, the tribunal revised the ruling, replacing the incorrect quote with one that more accurately reflected Ms Forstater’s case and supported the notion that the Equality Act 2010 treats protected characteristics equally.
Under the provisions of employment law, judges can correct accidental errors or clerical slips in their rulings. Ms Forstater expressed disbelief at how the mistake occurred and demanded an explanation, mentioning that additional errors had been found in the judgment, which she said seriously damage public confidence in the legal process. The tribunal hearing itself had been high-profile and contentious. Ms Peggie, a nurse with three decades of experience at the NHS, had refused to share the female changing room at Victoria Hospital in Kirkcaldy with Dr Upton, a transgender woman, leading to her suspension earlier in 2024.
The incident prompting the case took place on Christmas Eve 2023, during which Ms Peggie told Dr Upton she felt uncomfortable sharing the changing area. Peggie also referenced Isla Bryson, a convicted rapist who transitioned while awaiting trial and initially was sent to a women’s prison before being transferred back to a men’s facility. Bryson received an eight-year prison sentence. Alleging harassment under the Equality Act 2010, Ms Peggie sought legal redress against both the health board and Dr Upton. The tribunal ruled partially in her favor, affirming harassment occurred in four instances, although it dismissed other allegations. It found that some of Ms Peggie’s statements toward Dr Upton violated the health board’s bullying and harassment policies. A subsequent hearing will determine potential remedies, including compensation. Nonetheless, advocacy groups such as Sex Matters, led by Ms Forstater, have criticized the judgment
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