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

The EAT will consider whether the ET has understood the law and applied it correctly. Also, if raised by SP's team, they will consider whether the decision was perverse and/or whether the panel was biased or there was other procedural unfairness. The EAT does not rehear the case. It will not overturn any findings of fact unless it considers them to be perverse, or where there was no evidence to support the finding, or where the ET failed to explain its finding or ignored key evidence.

I can see that they wouldn't want to defend members who had been acting in a racist or homophobic way (I'll leave transphobic out of it since that seems to cover just about everything). But what if it's an untrue accusation? Does the member not get any representation?

I am so glad the second part of the ET had a stenographer providing a written record of the evidence actually given - including JRs legal authorities.

It’s going to be interesting to hear Ben and Naomi saying against x point the judgement relies on authority abc but the quote does not appear in that judgement. .

As NHSF and DrU had joint legal representation for the ET it is likely they will do the same for the appeal.

DrU was an employee of NHS Fife and they have some legal liability for his actions unless they can show (which they obviously cant) that those actions were something he'd been told (in their policies and procedures) not to do. So they have to present his case too.

Have I misremembered, or was it the case that when the BBC first dipped its toes into the 'not everything is transphobic' waters a few months ago, their new willingness to acknowledge sex was expressed in the phrase "Upton, who was born a biological male ...""

If so, it is moderately encouraging that, in the article linked to above, they are describing Upton as "a biological male who identifies as a woman" - i.e. they are missing out "born a" (which somehow implied you could be born a biological male but not still a biological male).

Yay 🎉

Thank you.

Thank you for this, @nauticant . Sterling job.

Thanks, @nauticant This case must seem like the tribunal equivalent of painting the Forth bridge.

No, you're right. They have made baby steps. One day they'll omit the redundant 'biological' from 'male'.

They also haven't even used 'transwoman' or 'transgender woman', and then added - 'a biological male who identifies as a woman' as they used to.

I complain to them a lot about this language and this latter one pleases me - the term transwoman implies they are some special kind of woman, and people don't always understand what it means.

Still there are about a dozen reports still on BBC webpages where it's not even stated that a perpetrator of a crime is even male. As I said: baby steps.

So, we’re looking at about six months to get ready for the appeal. I hope the court clerks are ready for the public interest.

Thanks Sandie for having the courage and strength to take this forward.
I do hope that awful Fife KC comes back. Wotserface. The sneery one with a horse, Charlotte Tilbury lippy, connections, a sneery manner and nowt to wonder at legally.

the term transwoman implies they are some special kind of woman

Yes, and 'trans woman' (with a space) does so even more.

Thank you for the new thread.

In response to an FOI request, Fife confirmed the Health Board has accepted liability for any claims upheld against Upton.

Thank you for this info.

So Upton creates havoc, gets his moment of fame in the spotlight, pontificating and sneering, and walks away.

Vile man.

Poor thread 61 left with 7 posts to go as everyone abandons it for the shiny new thread 62.

Agreed, but more fool the jobsworths at Fife who supported him.

It would be interesting if the EAT order the ET to be re-heard. DrU would be given the opportunity to appear as a witness but could ask the tribunal to rely on their witness statement.

I tried, Boily, I really did!

To fill up the thread

I recall DrU no longer works for NHSF, if the ET was re-heard would NHSF pay DrU for the time spent giving evidence, preparing for the ET and any travel costs..

New thread
https://www.mumsnet.com/talk/womens_rights/5562302-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-62