Tag Archives: lawfare

An employment tribunal recently dismissed almost all claims in the closely-watched Peggie v Fife Health Board case. Sandie Peggie, a nurse with gender-critical beliefs, sued her employer over its policy allowing a trans woman doctor to use the female changing room. The tribunal found no direct discrimination, no indirect discrimination, and no victimisation. Only one narrow procedural claim succeeded.

For many, this reads as vindication of trans-inclusive policies. But there’s a bigger story liberals need to understand. This case is part of a coordinated litigation campaign operating largely in the shadows, bankrolled by wealthy individuals and organisations whose funding remains deliberately opaque.

Who paid for Sandie Peggie’s legal representation? We don’t know. What other similar cases are they funding? Whether this is an isolated grievance or a test case in a broader strategy? We don’t know. That’s precisely the problem.

Over the past two years, employment tribunals have seen a forty-fold increase in gender-critical belief discrimination cases. Multiple NHS trusts faced legal action within just three months, the Girl Guides received a pre-action letter threatening litigation over their trans-inclusive policies, and the pattern continues to accelerate. The strategy works even without courtroom victories – both the Girl Guides and the Women’s Institute recently withdrew trans-inclusive policies in the face of legal threats, capitulating before cases even reached tribunal.

Beyond the direct policy changes, the litigation serves another purpose: media attention. Each case – win, lose, or settle – generates headlines positioning trans-inclusive policies as legally risky and politically contested. The public controversy itself becomes the victory, shaping discourse and institutional behaviour far beyond any single courtroom.