Peggie judgment did not take gender ruling into account properly, says academic

Professor Michael Foran said if necessary, the case could be taken to Scotland’s highest court, the Court of Session.

The Sandie Peggie vs NHS Fife employment tribunal judgment does not appear to have “properly taken into account” the Supreme Court ruling on sex, a legal expert has said.

Michael Foran, an associate professor at Oxford University’s Faculty of Law, said the 312-page ruling by employment judge Alexander Kemp “looks like more confusion” for employers waiting for expected guidance from the Equality and Human Rights Commission.

The Supreme Court ruled in April in For Women Scotland’s legal battle with Scottish ministers that the legal definition of “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex.

Professor Foran said the decision of