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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 #62

1000 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

OP posts:
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25
AWomanOfWealthAndTaste · 23/09/2026 09:54

Will we be discussing the NMC hearing on this thread or having a dedicated one to keep it apart from the Fife case?

nauticant · 23/09/2026 09:56

Since there might be a cross-over of issues I'd say keep it all on the same thread rather than dual-posting on two parallel threads and other confusions.

OP posts:
Boiledbeetle · 23/09/2026 09:56

Morning! Time to go to the loo and make a cuppa before settling in for the day.

fanOfBen · 23/09/2026 09:58

AWomanOfWealthAndTaste · 23/09/2026 09:54

Will we be discussing the NMC hearing on this thread or having a dedicated one to keep it apart from the Fife case?

NMC hearing?! If there's one of those in the offing it's news to me. Tell me you mean the RCN case, the one we're waiting for today?

poodlemum01 · 23/09/2026 09:58

I used to work in that very building, ironically its where I got badly bullied. I then commenced my own tribunal case (settled out of court). I'm now in a second tribunal case against another employer (not that I'm a serial litigant or anything).
Just mentioning it as its a wee bit triggering seeing the pictures of the building.

AWomanOfWealthAndTaste · 23/09/2026 09:59

fanOfBen · 23/09/2026 09:58

NMC hearing?! If there's one of those in the offing it's news to me. Tell me you mean the RCN case, the one we're waiting for today?

I do!

@nauticant noted. Thanks for organising all these threads.

Hedgehogforshort · 23/09/2026 09:59

fanOfBen · 23/09/2026 09:58

NMC hearing?! If there's one of those in the offing it's news to me. Tell me you mean the RCN case, the one we're waiting for today?

Yes she is suing the ex chief executive and those who refused to lift her suspension.as well.

nauticant · 23/09/2026 10:01

AWomanOfWealthAndTaste · 23/09/2026 09:59

I do!

@nauticant noted. Thanks for organising all these threads.

I'll have to remember to rejig the title and the OP for thread #63 though.

Which now might not be that far away.

OP posts:
Boiledbeetle · 23/09/2026 10:01

Hedgehogforshort · 23/09/2026 09:30

Sounds like admin issue’s caused by the thronging masses, at the virtual court door, you would have thought they could have anticipated this.

Just prepping now.

Transcript from Micheal Foran’s talk (check), chip butty ingredients for lunch (check), supply of Tunnocks teacakes (check).

anything else i need?

More tea cakes for those who forgot to buy some. Although I did receive a 4 pack of Boost bars in the post from a friend the other day.

Coffeeandcataddict · 23/09/2026 10:03

Good to see that the Darlington Nurses Union is giving evidence to support Sandy.

AWomanOfWealthAndTaste · 23/09/2026 10:04

Coffeeandcataddict · 23/09/2026 10:03

Good to see that the Darlington Nurses Union is giving evidence to support Sandy.

Will be hugely interesting to get their take.

Hoardasurass · 23/09/2026 10:04

prh47bridge · 20/09/2026 23:32

That was what the argument was about in FWS as Scottish Ministers had only expanded the definition of "woman" to include men with a GRC. There was therefore no dispute in that case that a man without a GRC was still a man for the purposes of the Gender Representation on Public Boards (Scotland) Act. However, a cautious lawyer at that time could point to other judgments which suggested the courts might say that some men without a GRC should be allowed to use women's changing rooms. Which, indeed, is the decision in Sandie's case and will remain the decision until she wins her appeal.

Thats not quite accurate.
The original guidance that was successfully taken to crt did expand women to include all men who self-id as women including those that hadn't got a GRC.
The Scottish government then changed the guidance to only include men with a GRC which was the guidance that was taken back to crt and led to the supreme crt ruling.
The crt cases over the definition of a woman on the gender representation act has been going on fir years longer than most people are aware and has been doing so over multiple versions since the bill was 1st debated

Coffeeandcataddict · 23/09/2026 10:04

Q

RoseInAPot · 23/09/2026 10:05

There are further cases to come

https://www.bbc.co.uk/news/articles/c3r78x9dg8vo

"The nurse taking a health board to a tribunal over trans women using female changing rooms has launched further legal claims in the case.
Sandie Peggie says Carol Potter, the chief executive of NHS Fife, victimised her in a media statement issued by the health board on 18 July when a tribunal brought by Ms Peggie against the health board and Dr Beth Upton was still hearing evidence.
She also now accuses NHS Fife of discriminating against her, and its director of people and culture, David Miller, of harassment."

"Legal proceedings were then raised in August against three senior managers who were witnesses in the tribunal - Dr Kate Searle, Dr Maggie Currer and Esther Davidson.
The newest claims - raised on 28 November - include a claim of victimisation against Ms Potter regarding a media statement issued by NHS Fife on 18 July."

If I remember correctly, there may still be something going on with the NMC against Sandie. The Darlington nurses too. I haven't heard that the NMC have dropped their investigations.

A woman with blond hair and wearing a blue suit, walking outside. Other people - out of focus - are in the background

Sandie Peggie launches further legal action against NHS Fife

Ms Peggie has now expanded her case to include Carol Potter, the chief executive of NHS Fife, and its director of people and culture, David Miller.

https://www.bbc.co.uk/news/articles/c3r78x9dg8vo

AugustDieSheMust · 23/09/2026 10:05

SlackJawedDisbeliefXY · 23/09/2026 09:51

Whilst we wait, I was talking to a friend in the CS about EHCR guidance and its implementation. They introduced me to an expression I had not heard before combative compliance. Does not bode well

combative compliance
I hadn't heard of that, either. Could be v useful at times.

For what it would mean here I'll have to think about a bit.

Time prediction - 10:37.

Wouldn't it be good it the Clerk put a message in the chat to let us know what's happening, eg 'J is considering an application from Counsel. We expect the Tribunal to open to Observers at about 10:30am'?

ickky · 23/09/2026 10:06

I think we will be lucky to get in at 11am. It always takes ages on the first day, with multiple private case management meetings.

I am most looking forward to hearing from the ex RCN employee, should be enlightening. Also glad to see the Darlington Nurses.

PurpleWh1teGreen · 23/09/2026 10:09

If any posters are still RCN members, they sent a survey last night asking members where they thought priorities should be.

I may have mentioned supporting members with their legally held beliefs and right to use single sex spaces.

janeszebra · 23/09/2026 10:09

I'm logged in. Was way after the 30 minutes before instruction, but life tends to get in the way of these hearings!

AugustDieSheMust · 23/09/2026 10:14

Has anyone else just had another message from the ET with basically the same information as they received yesterday?

fanOfBen · 23/09/2026 10:14

From TT:

We are in the court's online waiting room so we will be reporting as soon as we are admitted and the court sits.

There are often delays on the first day of a hearing if case management issues need to be heard in private.

fanOfBen · 23/09/2026 10:14

AugustDieSheMust · 23/09/2026 10:14

Has anyone else just had another message from the ET with basically the same information as they received yesterday?

Yes! I wondered whether it was because, not having heard anything in response to my first request, I re-sent - but maybe not!

RoseInAPot · 23/09/2026 10:14

AugustDieSheMust · 23/09/2026 10:14

Has anyone else just had another message from the ET with basically the same information as they received yesterday?

Yes. And I am aware of many others.

janeszebra · 23/09/2026 10:15

I did, but had taken it as a chastisement that I was not logged in 😂

Hedgehogforshort · 23/09/2026 10:17

I must say it is very nice to see everyone again

AugustDieSheMust · 23/09/2026 10:20

Indeed it is.

Like poodlemum01 I'll go back to my usual FWR username in the next thread, so I'll look less like a (welcome) new person.

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