NHS Fife wants to stop the public from being able to watch the employment tribunal brought by nurse Sandie Peggie online.
The health board has asked the tribunal to restrict remote access to the hearing to the media only when it reconvenes in July.
The initial two weeks of evidence in February were plagued by regular interruptions from livestream viewers.
Day seven of the Dundee hearing descended into chaos due to disruptions – including from the sound of a crying baby.
Remote viewing was temporarily halted to ensure proceedings could continue.
Concerns were also raised over the number of observers joining – prompting fears the livestream would crash.
A week earlier the tribunal was stopped briefly after a viewer using a hairdryer failed to mute their microphone.
‘Significant delays’
Arguing for access restrictions, NHS Fife says these interruptions caused “significant delays” which held up the hearing.
The health board stressed members of the public would still be permitted to view the tribunal in-person.
NHS Fife previously launched a failed bid for the entire hearing to be heard in private.
The health board also wanted to conceal the identity of Dr Beth Upton, the transgender medic at the centre of the row.
This was rejected by the tribunal.
Kirkcaldy nurse Sandie Peggie is suing NHS Fife and Dr Upton for harassment.
Ms Peggie was suspended after confronting Dr Upton for using the female changing room at the hospital on Christmas Eve in 2023.
Veteran nurse Ms Peggie told Dr Upton she felt uncomfortable at the two sharing changing facilities.
The nurse’s supporters criticised NHS Fife’s bid to restrict livestream access.
Susan Smith, from gender critical campaign group For Women Scotland, said: “This is the latest in a litany of cynical attempts by NHS Fife to restrict reporting of this important case.”
Maya Forstater, CEO of charity Sex Matters, said: “The courts service may initially have been taken unawares by the level of public interest in the case.
“But now that it’s clear that many ordinary people are so engaged, the right call is to adapt by adopting better technology and simpler procedures.”
A spokesperson for the health board said: “During the hearing in February, the employment tribunal restricted virtual viewing access to journalists due to technical issues, as well as interruptions caused by non-media observers.
“The technical issues and interruptions caused significant delays which impacted the tribunal’s progress.
“A request has therefore been made that this approach be maintained in July.
“If these requests are granted, accredited media and press outlets will still be permitted to report on matters and in-person public access to the hearing will remain available.”
Presiding judge Sandy Kemp will hear NHS Fife’s submission at a private hearing next Tuesday.
