NHS Fife’s bid to ban the public from watching Kirkcaldy nurse Sandie Peggie’s employment tribunal has been rejected.
The health board had asked to restrict access to the online livestream of the tribunal when it returns in July.
It also asked the tribunal to revoke permission for social media group Tribunal Tweets to cover proceedings.
But the tribunal refused the requests.
The stream was originally open to the public during the initial hearings in February but was eventually restricted to accredited media.
NHS Fife argued this had caused “significant” delays while evidence sessions were paused until order was resumed.
But their request to restrict access to the online stream has been refused by the tribunal.
Live coverage of the Dundee hearing was suspended after a string of interruptions from people observing online.
Multiple users forgot to switch off their cameras and microphones. On one occasion, a crying baby disrupted questioning and on another an observer using a hairdryer failed to mute their microphone.
Tribunal Tweets will also continue to have permission to cover proceedings, it is understood.
A NHS Fife spokesperson said: “An approach was made by the tribunal for comment after a member of the public raised concerns about the accuracy of the live-tweeting from the Tribunal Tweets account during the earlier proceedings.
“Our legal representatives subsequently provided feedback to the tribunal and we accept today’s decision.”
Ms Peggie is suing NHS Fife and transgender A&E medic Dr Beth Upton for alleged harassment and discrimination.
The case centers on Dr Upton’s use of the female changing facilities at the Victoria Hospital in Kirkcaldy.
Ms Peggie was suspended from work after confronting Dr Upton in the women’s changing rooms on Christmas Eve 2023.
Ms Peggie became uncomfortable when the medic started to undress in the changing room.
NHS Fife argued its guidance at the time allowed transgender staff to use the changing facility of their acquired gender.
The case was brought before the Supreme Court ruling clarified the definition of a “women” for the purposes of equalities law. NHS Fife has been told to “admit defeat” in light of the ruling.