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NHS Fife Tribunal Stalls After Late Defence Bid as Nurse Files New Legal Case

A late bid by NHS Fife to change its defence now threatens to push any ruling beyond November.

Overview

  • Closing submissions concluded, then NHS Fife applied at the last minute to amend its pleadings, a move the judge said could delay the outcome and potentially require further hearings.
  • Judge Sandy Kemp plans to begin four days of deliberations on October 14, with a decision not expected before November and the timetable now uncertain pending the application.
  • The dispute is a key test of April’s Supreme Court ruling defining sex in the Equality Act by biology, and the EHRC has directed NHS Fife to complete an equality impact assessment without delay.
  • Peggie was cleared of separate gross misconduct allegations after an 18‑month internal process, while the tribunal has cost NHS Fife about £220,500, with most liability capped by an indemnity scheme.
  • Separately, Peggie lodged a new tribunal claim on August 6 against the health board and three senior clinicians, alleging harassment and victimisation linked to the handling of her suspension.