NHS Fife bids to keep public from online viewing tribunal involving trans doctor

A health board is seeking to bar the public from online viewing of future hearings of an employment tribunal about a transgender doctor using a female changing room.

NHS Fife said technical issues and “interruptions caused by non-media observers” caused “significant delays” to proceedings at earlier hearings in Dundee in February.

The tribunal case has been brought forward by nurse Sandie Peggie who was suspended after objecting to sharing a changing room with trans doctor Beth Upton at the Victoria Hospital in Kirkcaldy, Fife where they both worked.

Ms Peggie 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 on January 3, 2024 after Dr Upton made an allegation of bullying and harassment, the tribunal was told.

The public was initially allowed to virtually view the tribunal hearings in February, but the judge later restricted virtual access to accredited media due to technical issues.

NHS Fife has asked the judge for this approach to continue in July when hearings are restarted. If its bid is approved, members of the public would still be able to attend the hearings in person.

“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,” NHS Fife said.

“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 also wants the judge to revoke the Tribunal Tweets group’s permission to live-tweet proceedings.

NHS Fife said: “Our legal team at the Central Legal Office carried out an analysis of the tweets [from the group], and found a number of inaccuracies.

“Following this review, a request was therefore made to the tribunal to revoke Tribunal Tweets’ permission to live-tweet proceedings, on the grounds that reporting must be ‘fair and accurate.”

Tribunal Tweets has said it will contest the claims and hopes 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 Nick Goodwin, chief executive of His Majesty’s Courts and Tribunals Service (HMCTS) suggesting improvements to the online viewing system.

“We have recently written to HMCTS asking them to iron out some of the technological challenges faced by those seeking to observe proceedings remotely,” 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.”

She added: “It should be pressing for the technical issues to be resolved instead of seeking to put in place further barriers to open justice.”

HMCTS has been approached for comment.