The judgment in the Sandie Peggie employment tribunal has been amended amid complaints a quote used in the ruling was “completely made up”.
The change comes after supporters of the nurse highlighted alleged inaccuracies in Monday’s published ruling.
Maya Forstater, chief executive of sex-based rights charity Sex Matters, claimed the employment judge’s reference to a previous case involving herself had included a quote which was incorrect.
She posted on X: “This ‘quote’ from my judgment doesn’t come from my judgment. It is completely made up.”
The certificate of correction, issued on Thursday by the Judicial Office, has not changed the verdict itself.
In a statement, Ms Forstater said: “I knew this was wrong, and it’s good it’s being amended, but I am astonished that it happened and I would like an explanation of how it happened.
“Claimants and witnesses going to court swear to tell the truth, the whole truth and nothing but the truth, and we expect nothing less from the judges.”
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She added: “This judgment was already being questioned because it seems to fly in the face of the Supreme Court’s clear statement that single-sex facilities can only be on the basis of sex, not claimed identity.
“Errors like this just add to the growing feeling that this is not a sound judgment.”
Ms Peggie and her legal team are expected to issue a statement on the tribunal ruling later on Thursday.
Ms Peggie took action following a row with transgender medic Dr Beth Upton – who was born male and now identifies as a female – at Victoria Hospital in Kirkcaldy on Christmas Eve 2023.
The nurse, who had complained about sharing a female changing room with Dr Upton, was placed on special leave after her colleague made an allegation of bullying and harassment, and cited concerns about patient care.
Ms Peggie lodged a claim against NHS Fife and Dr Upton in response, with the nurse going on to win a claim for harassment against the health board.
All other allegations of discrimination and victimisation were dismissed, with the employment tribunal additionally rejecting all claims against Dr Upton.
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In the 312-page judgment, the tribunal said NHS Fife should have taken action to reflect Ms Peggie’s concerns over Dr Upton’s use of the female changing room.
The health board was found to have harassed the nurse by failing to revoke the doctor’s permission on an interim basis until different work rotas took effect, and as a result, Dr Upton and Ms Peggie were both present in the changing facilities on two occasions.
It was also found to have harassed Ms Peggie by taking an unreasonable length of time to investigate the allegations against her, and by making reference to patient care allegations against her on 28 March 2024.
The health board was additionally found to have harassed Ms Peggie by giving an instruction to her not to discuss the case, until a further message a little over two weeks later which confirmed that applied only to the investigation.
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The tribunal’s hearings took place earlier this year – before and after the landmark UK Supreme Court judgment in April, which ruled “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
NHS Fife previously described the tribunal as a “complex and lengthy process” as it vowed to work through the detail of the judgment to “understand fully what it means for the organisation”.
The health board said it was aware of the updated judgment.
