An NHS Scotland medic who refused to get a Covid jab has won a discrimination case after a boss labelled her an ‘anti-vaxxer’.

Senior ultrasound specialist Gail Lauder caused tension with her colleagues who ‘reacted negatively’ to her stance especially when she discussed it with patients, an employment tribunal heard.

The experienced sonographer said she had declined to be vaccinated because she had suffered from allergic reactions in the past and was ‘very cautious’ about the drugs and medicines she used.

As a result of her allergies, she also said she could not wear the medical grade masks her hospital required staff to wear during the pandemic.

Her position - and objection to being told to keep quiet about it - led to bosses branding her an ‘anti-vaxxer’, a label that the tribunal found to be ‘unfavourable treatment’.

‘It drew on a stereotypical view that someone who was not vaccinated against Covid must be an “anti-vaxxer”,’ the panel - chaired by Employment Judge Sandy Meiklejohn - said.

‘We found that this was self-evidently unwanted conduct. It was connected with [her] perceived behaviours.

‘We accepted [Ms Lauder’s evidence] that her decision not to be vaccinated was a personal one based on her medical history. She was not against vaccination generally.’

The ultrasound expert is now in line for compensation after successfully suing NHS Tayside for disability discriminaton and harassment.

The hearing in Dundee heard Ms Lauder started working as a radiographer for NHS Tayside in 2003 and qualified as a sonographer around five years later.

At the time of the pandemic she was a Clinical Specialist Sonographer, based at Ninewells Hospital.

The panel heard her allergies, which the health board accepted amounted to disability, caused her to be careful with the medication she used.

She also struggled with the surgical face masks assigned for staff, opting for a cloth one instead with bosses eventually removing her from clinical duties involving patients in January 2021.

The tribunal was told she refused to get vaccinated to her colleagues’ dismay with lead sonographer Margaret Taylor asking her not to discuss her decision with others.

In an annual appraisal, Ms Lauder was told there were some concerns that she had been ‘telling patients she was choosing not to have the vaccine’ with Mrs Taylor suggesting ‘it may not be helpful to say such things’ as it was not in line with the NHS and public health message.

Four months later, in June 2021, Ms Lauder went on sick leave because of stress and was hospitalised with Covid in November.

Her stance on vaccines was raised again in her next appraisal the following February,

Ms Lauder told her boss she tried to be respectful of others but added: ‘While I fully understand that being in a minority can provoke intolerance in others, I certainly do not agree that silence is the preferred course of action for minorities generally.

‘However, going forward, I intend to consciously depersonalise my work in an effort to safeguard any disquiet. I look forward to seeing how this topic of tolerance, respect and kindness will be addressed within the team as a whole.’

Mrs Taylor said: ‘It is important that as a team we have tolerance and respect for each other, accepting differing values and beliefs. This has caused an undercurrent of disquiet within the team as a whole and we must all try to be more aware of this as a team going forward.’

The tribunal found there was a ‘degree of tension’ between the pair with Ms Lauder asserting her right to speak out and Mrs Taylor implying that in doing so she had ‘created or at least contributed’ to the disquiet.

Following a number of disputes over her vaccination status, sick pay and possible return to work, Ms Lauder launched grievance proceedings in October 2022 with the probe into her case hearing evidence from the imaging manager, Michael Conroy, that she had ‘different views on Covid and is an anti-vaxxer, on occasion telling patients they didn’t need to wear masks which caused colleagues distress’.

She resigned the following month before the oucome of the investigation, claiming she was the victim of bullying and accused the health board of constructrive unfair dismissal, disability discrimination and harassement.

The panel rejected the unfair dismissal claim but found the ‘anti-vaxxer’ comment was related to Ms Lauder’s inability to wear as mask and was therefore discriminatory.

Her compensation will be decided at a later date.