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Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #62

206 replies

nauticant · 03/08/2026 18:00

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 and it was reported on 3 August 2026 that leave to appeal had been granted with an expectation that the appeal proceedings could take place in court early next year (2027).

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

Thread 61: mumsnet.com/talk/womens_rights/5472628-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-61 8 January 2026 to 3 August 2026

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Justabaker · 28/08/2026 18:30

prh47bridge · 28/08/2026 16:05

My view is that ground 1 should be a slam dunk, especially given findings by the courts since this judgment. Most of the other grounds follow on from that to a greater or lesser extent. I can imagine the EAT not upholding ground 13 (I'd love to know what the redacted parts of that ground are about!), but I would expect most if not all of the others to succeed assuming the EAT agrees with ground 1. That won't overturn the EAT's findings of fact, e.g. their decision that Upton is a credible witness and their dismissal of the expert's evidence re the mobile phone data, but it will give Sandie a comprehensive win, possibly a clean sweep on all her claims. The only way the findings of fact will be overturned is if the EAT decides to send the case back to the ET so that we start again from scratch.

In fact, the sift judge Tayler rejected Ground 13, they've asked for a rule 3(10) hearing on it.

Juicy.

BezMark · 28/08/2026 17:50

Yeah The Fifer feels very strongly that "Thon Speccy Loddie" didn't get a fair slice ae the tumshie. bit eftir aw that's the wey the jobbie plops. Some time ye get a wet erse.

Kirschcherries · 28/08/2026 17:16

A very comprehensive appeal. I have to be honest and say I didn’t realise Judge Kemp used 100 sources not provided by either the C or R/s to reach his judgement.

I can see the appeal overturning the judgement on the grounds of perversity and having a fresh ET.

NebulousSupportPostcard · 28/08/2026 17:04

Looking forward to observing the whole hearing if possible but hope we will particularly enjoy the final Ground of Appeal 14:

the ‘Improper use of power to correct clerical mistakes and other accidental slips under rule 67’ related to the two revisions.

NebulousSupportPostcard · 28/08/2026 16:14

prh47bridge · 28/08/2026 16:05

My view is that ground 1 should be a slam dunk, especially given findings by the courts since this judgment. Most of the other grounds follow on from that to a greater or lesser extent. I can imagine the EAT not upholding ground 13 (I'd love to know what the redacted parts of that ground are about!), but I would expect most if not all of the others to succeed assuming the EAT agrees with ground 1. That won't overturn the EAT's findings of fact, e.g. their decision that Upton is a credible witness and their dismissal of the expert's evidence re the mobile phone data, but it will give Sandie a comprehensive win, possibly a clean sweep on all her claims. The only way the findings of fact will be overturned is if the EAT decides to send the case back to the ET so that we start again from scratch.

I'm still enraged that Mr Borwick was so unjustly maligned!

I think of him often when committing important records to Google Keep Notes, safe in the knowledge that the dates, times and changes are all tracked so that contemporaneous means contemporaneous if they should ever be called on as evidence. 😂

prh47bridge · 28/08/2026 16:05

My view is that ground 1 should be a slam dunk, especially given findings by the courts since this judgment. Most of the other grounds follow on from that to a greater or lesser extent. I can imagine the EAT not upholding ground 13 (I'd love to know what the redacted parts of that ground are about!), but I would expect most if not all of the others to succeed assuming the EAT agrees with ground 1. That won't overturn the EAT's findings of fact, e.g. their decision that Upton is a credible witness and their dismissal of the expert's evidence re the mobile phone data, but it will give Sandie a comprehensive win, possibly a clean sweep on all her claims. The only way the findings of fact will be overturned is if the EAT decides to send the case back to the ET so that we start again from scratch.

MyAmpleSheep · 28/08/2026 15:18

Reading the NOA, it sounds like Naomi Cunningham's excellent arguments pled in the more temperate language of Ben Cooper KC.

Hoardasurass · 28/08/2026 15:04

The express have picked up on this

JonBonJ · 28/08/2026 14:55

Thanks for this Impossibletoday. As I understand it, the only ground for appeal not accepted was as attached (p25 on appeal for full details) , which will be challenged.

Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #62
SirChenjins · 26/08/2026 20:02

Oooh - I fancy a change of scene!

poodlemum01 · 26/08/2026 18:34

NHS Scotland are looking for a head of equality and human rights, if anyone wants to apply and knock some sense into our health boards up here??

borntobequiet · 26/08/2026 17:04

SexMatters84 · 26/08/2026 08:43

https://womansplaceuk.org/2021/06/22/policing-feminist-thought/

Lisa's article about why she left RCN.

Lisa may not be the ex-RCN employee who will be a witness for Sandie, it's just a possibility.

Thank you very much for this.

moto748e · 26/08/2026 10:44

Thanks for that, @SexMatters84 , I'd heard of MBM of course, but didn't know the full story. And it's the familiar tale; wrongthink will not be tolerated. How fucked up are unions these days?

NebulousSupportPostcard · 26/08/2026 10:37

SexMatters84 · 25/08/2026 23:31

The ex-RCN employee could be Lisa Mackenzie of Murray Blackburn Mackenzie.

Show quote history

Oh thank you, I just found this: https://www.scotsman.com/news/politics/nurses-union-accused-of-hounding-out-policy-officer-over-trans-rights-work-3285569

Another2Cats · 26/08/2026 07:50

poodlemum01 · 26/08/2026 07:37

did lisa mckenzie work for RCN? I thought it was the government, not a union, that she worked for previously?

From her bio on their website

"More recently she worked for the Royal College of Nursing."

poodlemum01 · 26/08/2026 07:37

did lisa mckenzie work for RCN? I thought it was the government, not a union, that she worked for previously?

SexMatters84 · 25/08/2026 23:31

NebulousSupportPostcard · 17/08/2026 10:05

I have emailed to ask for the case number and details of how to request remote access to the hearing. Will post the response when I get it.

From the Courier piece, it sounds as though the witnesses for Peggie will be vv interesting!

"An ex-RCN employee is set to appear as a witness for Ms Peggie.

The nurse’s legal team is also putting forward two other women who are suing the trade union over alleged gender critical discrimination."

Show quote history

The ex-RCN employee could be Lisa Mackenzie of Murray Blackburn Mackenzie.

ItsCoolForCats · 25/08/2026 16:06

Quote from Maria in a Sex Matters article:

"“I intend to appeal, and I will ask the EAT to consider expediting my appeal, as the decision risks further confounding the already widespread misunderstanding and defiance of the Supreme Court’s judgment in For Women Scotland.”

https://sex-matters.org/posts/single-sex-services/a-disappointing-judgment-in-defiance-of-the-supreme-court/

A disappointing judgment in defiance of the Supreme Court

The judgment in the case of Kelly v Leonardo has been published, and it is bad news. This case involves Maria Kelly, who works at Leonardo UK Ltd, a

https://sex-matters.org/posts/single-sex-services/a-disappointing-judgment-in-defiance-of-the-supreme-court/

ItsCoolForCats · 25/08/2026 16:03

Does anyone know anything about an appeal for the Maria Kelly case? She said she would appeal, and it was before the SP case, but there have been no updates as far as I'm aware.

After FWS, that seemed to be such a clear cut case of an activist judge trying to circumvent the meaning of FWS.

prh47bridge · 25/08/2026 15:00

MyDogLikesKayaking · 24/08/2026 12:43

When does the appeal start?

We don't have a date yet, but it is likely to be in the first half of next year.

MyDogLikesKayaking · 24/08/2026 12:43

When does the appeal start?