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Feminism: Sex and gender discussions

Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #61

1000 replies

nauticant · 08/01/2026 19:40

Judgment was handed down on 8 December 2025:
https://assets.publishing.service.gov.uk/media/6936ce28a6fc97b81e57436a/S_Peggie_v_Fife_Health_Board__Dr_Upton.pdf

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy (VH), brought claims in the employment tribunal against her employer; Fife Health Board (the Board) and another employee, Dr B Upton. Ms Peggie’s claims are of sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. Dr Upton claims to be a transwoman, that is observed as male at birth but asserting a female gender identity.

The Employment Tribunal hearing started on Monday 3 February 2025 and was expected to last 2 weeks. However, after 2 weeks it was not complete and it adjourned part-heard. It resumed on 16 July and the last day of evidence was 29 July 2025. It resumed again over 1 to 2 September for closing submissions.

Following handing down of the judgment on 8 December 2025, on 11 December 2025, it was announced by Sandie Peggie and her legal team that they would be pursuing an appeal.

The hearing was live tweeted by x.com/tribunaltweets and there's additional information here: tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-005 and tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-bd6.

Links to previous threads #1 to #60 can be found in this thread: mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 60: mumsnet.com/talk/womens_rights/5461133-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-60 16 December 2025 to 8 January 2026

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49
SqueakyDinosaur · 03/08/2026 14:12

Sandie has absolute ovaries of steel. She has been living with an absolutely intolerable level of stress and anxiety for so long. More strength to her.

Ereshkigalangcleg · 03/08/2026 13:54

Good.

Ereshkigalangcleg · 03/08/2026 13:52

And before this in Sept this year we have Sandie’s important challenge to the Royal College of Nursing.

Ereshkigalangcleg · 03/08/2026 13:49

Brilliant news. Bring. it. On.

Ereshkigalangcleg · 03/08/2026 13:48

James Tayler seems to have learnt some stuff since he threw out Forstater.

ProudWomanXX · 03/08/2026 13:47

Just came in to post that link!

Excellent news!

13 counts as grounds to appeal! That's quite a lot?

DameProfessorIDareSay · 03/08/2026 13:06

Excellent news

https://www.heraldscotland.com/news/26431380.sandie-peggie-tribunal-appeal-nhs-fife-moves-forward/

"Sandie Peggie’s appeal in the employment tribunal judgment against NHS Fife has taken a step forward after a senior judge ruled there were “reasonable” grounds for challenge.
Judge James Tayler stated there were grounds to appeal on 13 counts of the judgment and said the challenge could be expected in court early next year.
The December 2025 judgment found that NHS Fife harassed Ms Peggie, an A&E nurse of 30 years at Victoria Hospital in Kirkcaldy, on four occasions after she complained about sharing a female changing room with transgender colleague Dr Beth Upton on Christmas Eve 2023.
However, most of Ms Peggie’s other claims – including victimisation and discrimination under the Equality Act 2010 – were dismissed. All claims against Dr Upton were also rejected.
The judgment began to unravel within days of publication after it emerged that several quotations attributed to previous legal cases did not exist.
This prompted speculation that generative artificial intelligence may have been used to draft parts of the ruling, with the judge in Ms Peggie’s case blaming a “judicial colleague” for the raft of errors.
Lawyers acting on behalf of Ms Peggie have now confirmed that Ms Peggie’s Notice of Appeal has been served on NHS Fife health board, where there will be 28 days to respond to it.

Following the appeal decision by Judge Tayler, it is expected the full appeal hearing will take place in the “first half of 2027”.
In December last year, an emotional Ms Peggie said she would not give up on her legal fight against NHS Fife as she announced her intention to appeal.
Speaking at a press conference in Dundee, flanked by her family, friends and politicians, Ms Peggie said it was “difficult to put into words how grateful I am” to her solicitor and barristers Naomi Cunningham and Charlotte Elves.
Dr Beth Upton arrived at the Tribunal surrounded by supporters. (Image: PA)
Ms Peggie said: “I am not a campaigner and I had never heard of the phrase gender critical when I first raised complaints over two years ago about my employer’s decision to allow men into female-only changing rooms.
“I just knew instinctively that it wasn’t right that women were expected to undress in front of men in private spaces, and I still believe this to be the case.”
She said she was “delighted” at the tribunal’s finding that she had been harassed by NHS Fife, but added: “Their judgment, I believe, falls short in many respects and that is why I certainly won’t be giving up this legal fight any time soon.”
Confirming the appeal, Ms Gribbon said the health board had “unlawfully harassed Sandie Peggie over a lengthy period of time in 2024”, with some of the findings described as “hugely problematic”."

Sandie Peggie appeal against NHS Fife takes step forward after judge decision

Sandie Peggie's employment tribunal appeal against NHS Fife has taken a step forward after a judge ruled there were 'reasonable…

https://www.heraldscotland.com/news/26431380.sandie-peggie-tribunal-appeal-nhs-fife-moves-forward/

NoWordForFluffy · 02/08/2026 20:07

Arran2024 · 02/08/2026 19:42

Unions do refuse to support members. Accusations of racism, homophobia, transphobia are in the ts and cs as issues where they say they won't get involved.

All very well and good, but what's the definition of 'transphobia' they're using? If it's the protected belief that humans can't change sex, then those Ts and C’s aren't legally sound.

Arran2024 · 02/08/2026 19:42

FWSsupporter · 02/08/2026 17:21

The unions position is really interesting.

Normally ordinary members are very reliant on TU reps to help them put their case at work. Obviously TU reps can be required to assist and support members on both sides of the debate by taking a neutral starting point and correctly applying the law. Failing to support members like Sandie, Darlington Nurses etc. could be very damaging for TUs.

Unions do refuse to support members. Accusations of racism, homophobia, transphobia are in the ts and cs as issues where they say they won't get involved.

FWSsupporter · 02/08/2026 17:21

The unions position is really interesting.

Normally ordinary members are very reliant on TU reps to help them put their case at work. Obviously TU reps can be required to assist and support members on both sides of the debate by taking a neutral starting point and correctly applying the law. Failing to support members like Sandie, Darlington Nurses etc. could be very damaging for TUs.

ArabellaSaurus · 02/08/2026 14:40

And this: 'Peggie, who was suspended after refusing to undress in front of Upton'

Peregrina · 02/08/2026 08:35

a male doctor who identifies as female.

So good to see that plainly stated in print.

moto748e · 01/08/2026 22:47

That's a powerful story.

Cismyfatarse · 01/08/2026 22:19

Some detail on SP’s case against RCN and due to start in Dundee next month. Plus some other brave women.

Cismyfatarse · 01/08/2026 22:18

‘Unions fought for the Equality Act. Now they want it abolished’

https://www.thetimes.com/article/b69ba4c1-0e13-4117-bdd8-85edc5b1a96b?shareToken=d272349eb5615d2b9545b7f831579683

KnottyAuty · 28/07/2026 13:15

lcakethereforeIam · 28/07/2026 12:17

I've got a little sympathy for Isla Bumba as well as some curiosity as to what the Bumba tartan would look like. Not for what she said on the witness stand, most of which seems risible nonsense. The policy though, she copied what all the other NHS trusts had, some still have. With such a consensus it would have taken an extraordinary person, one worthy of that wage, to go their own way and follow the law. Prior to FWS going to the SC even the judges at the lower courts thought tp, particularly those with a GRC, had rights they didn't have.

Edited

Agreed - at the time of writing the policy - but then not to reflect or be able to remain neutral like the other HR person (sorry I can’t remember her name but the one who reviewed the suspension and tried to get SP back to work). To turn up at a tribunal and not having any hesitation about this highly controversial and contested subject… that was the unforgivable bit. Making a mistake is ok - refusing to admit it not

lcakethereforeIam · 28/07/2026 12:17

I've got a little sympathy for Isla Bumba as well as some curiosity as to what the Bumba tartan would look like. Not for what she said on the witness stand, most of which seems risible nonsense. The policy though, she copied what all the other NHS trusts had, some still have. With such a consensus it would have taken an extraordinary person, one worthy of that wage, to go their own way and follow the law. Prior to FWS going to the SC even the judges at the lower courts thought tp, particularly those with a GRC, had rights they didn't have.

SqueakyDinosaur · 28/07/2026 11:47

I had to go for a hospital appointment yesterday and I was struck by how few "doers" there seemed to be. E.g. there were more unstaffed than staffed reception desks, with long queues; the bloods clinic only had 2 phlebotomists on duty, despite there being 8 stations and loads of people waiting. And this was a huge London teaching hospital and centre of clinical excellence for all sorts of things.

I'm not a kneejerk "sack all the administrators" type but I really do think things are out of whack.

NebulousSadTimes · 28/07/2026 11:39

And paid so much more than someone who is actually doing a worthwhile job. Make it make sense.

SwirlyGates · 28/07/2026 11:32

MyAmpleSheep · 27/07/2026 20:45

£50-59k per year, if anyone is curious.

Shocking. £50k a year for someone who either a) genuinely doesn't know what sex she is, or b) is prepared to lie under oath.

PrettyDamnCosmic · 28/07/2026 10:49

Peregrina · 28/07/2026 10:44

What is the FT salary for a nurse of Sandie Peggie's grade?

What is the FT salary for a nurse of Sandie Peggie's grade?

The salary for a Band 5 nurse like Sandie is £32,073-£39,043 plus an uplift on the hourly rate for out of hours work like weekends & nights. Sandie with her years of experience will be at the top end of the range.

Peregrina · 28/07/2026 10:44

What is the FT salary for a nurse of Sandie Peggie's grade?

KnottyAuty · 27/07/2026 21:13

NoWordForFluffy · 27/07/2026 21:06

I think Bumba is her married name. So the plan needs to be amended!

lol!
maybe mr or mrs Bumba will be keen to move on from such an infamous name?!

NoWordForFluffy · 27/07/2026 21:06

KnottyAuty · 27/07/2026 20:59

If you’re prepared to say aloud and under oath that you don’t know what sex you are, then unfortunately you have to expect derision. Her best plan will be to get married and name change…

I think Bumba is her married name. So the plan needs to be amended!

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