Sandie Peggie tribunal forced to issue another 'certificate of correction' after 11 'clerical mistakes, errors or omissions' discovered

WATCH: Tony McGuire details the latest on Sandie Peggie after the NHS nurse is cleared of misconduct

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GB NEWS

Ben McCaffrey

By Ben McCaffrey


Published: 24/12/2025

- 20:39

It's the third time the case has been published due to errors

The employment tribunal ruling in the Sandie Peggie case has now been published for a third time after yet another batch of errors came to light.

Judge Alexander Kemp's decision has been hit with a second certificate of correction, this time listing 11 additional "clerical mistakes, errors or omissions" that needed fixing.


The 312-page judgment, first published on December 8, had already been amended once after complaints emerged that it contained fabricated quotations.

Among the latest problems were three instances where the judge had cited other court cases to support his conclusions, only for it to turn out those quotes simply didn't exist in the original rulings.

The Judicial Office has declined to provide further details about how the errors occurred.

The corrections covered a range of blunders, some more significant than others.

One particularly glaring mistake saw the tribunal wrongly define "trans man" as someone assigned male at birth, when it should obviously have read female at birth.

Another fix changed a quote from "the man was not provided with toilet facilities" to "the claimant was not provided with toilet facilities" – a reference that simply wasn't accurate to the original case.

Sandie Peggie

The employment tribunal ruling in the Sandie Peggie case has now been published for a third time after yet another batch of errors came to light

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PA

The judgment also misquoted the landmark For Women Scotland Supreme Court ruling, leaving out the crucial word "trans" when describing women who might use female-only facilities.

Perhaps most embarrassingly, the gay rights group Not All Gays had been incorrectly named as "Not For Gays" – a mistake the organisation said caused "reputational harm by insinuating we are somehow 'anti-gay'."

Dr Michael Foran, an associate professor of law at Oxford University, said the latest revisions represented an "unprecedented use of a power expressly confined to amending clerical mistakes".

The legal expert pointed out that existing case law confirms this correction power cannot be used to make substantive changes to judgments or fix errors in how authorities are cited.

Sandie PeggieMrs Peggie was suspended after complaining about sharing a changing room with Dr Beth Upton at Victoria Hospital in Kirkcaldy in 2023 | PA

But what troubled him most was the attempt to use these procedures to "remove quotations suspected of being fabricated."

"There remain outstanding questions about how these false quotes made it into the judgment in the first place," Dr Foran said, adding it was "unsatisfactory" to present them as "mere typographical errors."

The Scottish Conservatives have reacted with fury to the ongoing saga.

Tess White, the party's shadow equalities minister, called the situation "utterly astonishing" given the high-profile nature of the case.

"Given that this has been snuck out just before Christmas, serious questions still need to be answered as to how so many mistakes were made in the initial judgment," she said.

Ms White warned the debacle "will only raise fears among women and girls that their rights and safety are not being properly upheld".

She's now calling on First Minister John Swinney to issue a directive to all public bodies instructing them to follow the Supreme Court's clear ruling from earlier this year, to prevent similarly confusing judgments in future cases.

Ms Peggie alleged sexual harassment, belief discrimination and victimisation under the Equality Act 2010 after she was placed on leave following an incident in which she confronted a fellow doctor, Dr Beth Upton - a trans woman who had been using the women's toilets at NHS Fife's Victoria Hospital.

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