Sandie Peggie tribunal judgement amended after 'made up' quote row

The judgement in the tribunal of a nurse suspended from her job in a row over trans women using single-sex changing rooms has been amended following complaints a quote used in it was "made up".

On Monday, an employment tribunal outlined four ways in which NHS Fife harassed Sandie Peggie, but dismissed all her other claims.

Campaigners said the 312-page judgement contained a "made up" quote from another legal case, which has now been amended.

Ms Peggie and her legal team have now confirmed they will appeal the findings of the tribunal in the new year.

Ms Peggie had brought the case after she was suspended following a disagreement between her and Dr Beth Upton - who is a trans woman.

The tribunal has now issued a "certificate of correction", external stating there had been "clerical mistake(s), error(s)or omissions(s)". This does not change the overall verdict.

The case has attracted international interest as it concerned whether transgender women – biological males who identify as women – could use female-only changing rooms.

Following the tribunal ruling, one of Ms Peggie's most high-profile supporters, campaigner Maya Forstater, said a reference in the judgement to her own case against the Centre for Global Development Europe was "completely made up".

The Peggie ruling originally stated the judgement in Ms Forstater's case emphasised that the Equality Act does not create "a hierarchy of protected characteristics."

On the social media platform X, Ms Forstater posted a screenshot of the text from the tribunal and said: "One of the many things wrong with the Sandie Peggie judgement.

"This 'quote' from my judgement doesn't come from my judgement. It is completely made up."

A new quote from the Forstater case has now been added.

The revised version of the Peggie judgement then states: "We consider that quotation provides support for the proposition that the Equality Act 2010 does not create a hierarchy of protected characteristics."

Under employment law, a judge may "at any time correct any clerical mistake or other accidental slip or omission" and an amended version issued.

Ms Forstater said she was astonished how the error happened and that she wanted an explanation.

She added other mistakes had been spotted in the judgement and that they "severely undermine people's confidence in the legal process."

The employment tribunal, which was held over several weeks earlier this year, was high-profile and controversial.

It was brought by Ms Peggie, a nurse who has worked for the NHS for 30 years.

She refused to share a women's changing room with Dr Upton - a biological male who identifies as a woman - at Victoria Hospital, in Kirkcaldy, and was suspended from work at the beginning of 2024.

This followed an encounter between the two in the changing facilities on Christmas Eve 2023, where Ms Peggie told Dr Upton she did not feel comfortable about the doctor's presence there.

She also referenced Isla Bryson - a rapist who changed gender while awaiting trial.

Bryson was initially remanded to a women's jail after being found guilty, but was then moved to a men's facility.

The rapist was later jailed for eight years.

Ms Peggie claimed her own experiences amounted to harassment and took legal action against the health board and Dr Upton, citing the Equality Act 2010.

On Monday, the 312-page judgement found in her favour on four counts, but dismissed her other claims against both the health board and Dr Upton.

It found that some of Ms Peggie's comments towards Dr Upton "amounted to an incident of harassment" and breached the health board's bullying and harassment policy.

A separate hearing will take place at a later date to decide on the "remedy" for Ms Peggie, which could result in her being awarded compensation.

However the verdict was criticised by some campaigners, including Sex Matters - the group Ms Forstater is chief executive of.

Speaking at a media conference in Dundee hours after the amendment was announced, Ms Peggie's legal team confirmed they would appeal the tribunal findings.

Ms Peggie said: "I am not a campaigner and had never heard of the phrase 'gender critical' when I first raised complaints over two years ago about my employer's decision to allow men into female only changing rooms.

"I just knew instinctively that it wasn't right that women were expected to undress in front of men in private spaces and I still believe this to be the case.

"Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement I believe falls short in many respects and that is why I certainly won't be giving up this legal fight any time soon."

Her solicitor, Margaret Gribbon, described some of the findings as problematic and said they would make it harder for women to raise complaints in the future.

"The judgement places responsibility on female employees to raise complaints if they feel uncomfortable about sharing single sex spaces with men," she said.

"This ignores industrial realities. When Sandie objected, she was suspended, subjected to an unreasonably lengthy disciplinary investigation and falsely accused of patient care concerns.

"It then emerged during the hearing that FHB then embarked on an archaeological dig to find material to discredit her," she added.

Ms Gribbon said work was already underway on the appeal and it will be submitted to the Employment Appeal Tribunal in early January.