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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:
Thread gallery
25
Boiledbeetle · 23/09/2026 12:45

Lunch!

fanOfBen · 23/09/2026 12:46

From Nick Wallis

SP yes
DH now you say you found this email in Aug 2025 in your junkbox. Do you accept now that SF had taken steps to provide you with a written rationale for why your legal support had been refused.
SP yes
DH there's a letter or email you send to NP on 3 March 2025 p417 and I think this email is the first time where you say in writing and in terms that "the RCN of nurses has failed me from the outset". Is this email of 3 March 2025 the first time you suggest the RCN...
... has failed you from the outset?
SP yes
DH despite the fact that your solicitor had been in fairly regular contact since the beginning of 2024. Could you not have raised it before? [something about the lack of legal advice]
SP "I believe it should have been offered"
DH I have come to the end of this section - it might be a bit early, but could we rise for lunch?
J yes - [gives warning about talking about evidence during lunch to SP] can we all come back at quarter to.

ChimpanzeeThatMonkeyNews · 23/09/2026 12:46

fanOfBen · 23/09/2026 12:43

From TT:

SP yes
DH you said you found this in your junk mail in August 2025
SP yes
DH do you accept that SF had provided you with written rationale for why your request for legal support had been refused
SP yes

DH there's an email that you send to NP on 3 March 2025, this email is the first time where you say in words that the RCN has failed you from the outset. I would suggest that this is the first time you say that RCN has failed your from outset, would you accept that
SP yes

Oh dear, she said it ‘in words’ 😧

Would interpretative modern dance have been better??

fanOfBen · 23/09/2026 12:47

From TT:

DH despite the fact that you and MG were in regular contact with SF
SP yes
DH plenty of time for you to express your concerns to the RC
SP I believe it should have been offered
DH by March 2025, you are disappointed that RCN is not providing legal support and it is that which

has motivated you to say that they have failed you from the outset.
SP yes
DH - Judge i'm moving on to another topic, it might make sense to rise early if that's okay with you
J - yes, it's not 12:45, the clerk will bring you back in at quarter to 2.

Part 2, morning, ends.

Boiledbeetle · 23/09/2026 12:47

ChimpanzeeThatMonkeyNews · 23/09/2026 12:46

Oh dear, she said it ‘in words’ 😧

Would interpretative modern dance have been better??

Probably!

poodlemum01 · 23/09/2026 12:48

can still hear naomi

fanOfBen · 23/09/2026 12:49

Phew, break. Is there someone who could do this afternoon? If not I can, but it would be nice to have a break.

Sandie seems to be easily agreeing with all the points about how she didn't explicitly ask for legal support. Presumably she was expecting that, and the fact that this case is being brought means that NC et al think that doesn't matter - the RCN had a duty to offer, as Sandie suggests she'd have liked them to? Will be very interesting to see how this goes.

ickky · 23/09/2026 12:51

I can hear Nick Wallis searching (in vain) for the bundles.

ProfessorBinturong · 23/09/2026 12:52

fanOfBen · 23/09/2026 12:11

From Nick Wallis

DH you looked in your junk mail in Aug 2025 - have you taken any steps to see if this email found its way int your junk mail?
SP I've got no idea
DH thinking about it at this time... do I take it you didn't take any steps yourself to look at the legal assistance the RCN offer on the RCN website for instance.
SP if SF had mentioned it I would have explored it.
DH on p330 you tell SF you have received a letter about the suspension and that you have been put in contact with your MP and other support services.
SP yes
DH was this an oppo also to raise any concerns with SF about his service provision to you?
SP I think the fact that he hadn't mentioned legal advice when I spoke to him and everybody else had mentioned it I think I'd lost faith
DH you don't say anything about losing faith when you make this response
SP I accept that
DH you don't say - well wait a minute - lots of other people are telling me I have a legal claim why didn't you do that - there's no mention of that at all
SP no
DH info about making a legal claim was sought in late Feb 2024 and MG's email on 5 Feb raises the prospect and then again on 13 Feb. On 13 Feb it looks like a certainty - MG saying a "legal claim will be intimated" to NHS Fife and that did happen. There's no suggestion in MG's
emails on 5 or 13 Feb that she was asking RCN's assistance in respect of the legal claim - do you accept that
SP yes
DH you met SF for the first time just before meeting your employer with a debrief after
SP yes
DH this would have been an oppo for you to raise it with him
SP he should have raised it with me like SM did.
DH but by the time of the review meeting legal action was in prospect and it would have been clear in your mind that was the case - would it not be something you would
raise with him
SP by that time I was taking advice from MG and I trusted her more than the RCN because they hadn't given me any legal advice
DH did you have any convo with SF about legal advice
SP no
DH SF thinks there may have had a convo after you had instructed MG as to whether the RCN could help with legal advice. do you remember that?
SP no
DH just on the suspension review meeting - "SF has no note and no recollection that during the SRM you expressed holding any GC or sex realist beliefs at that meeting. could that be right?"
SP possibly
DH just in respect of other support SF provided - he attended a pre investigatory meeting on 4 June and he attended the IM in Sep 2024. And we can see from email correspondence...

She'd objected to a man in a women's changing room. She didn't need to 'express holding a sex realist belief'. It was bloody obvious.

Hedgehogforshort · 23/09/2026 13:00

Hmm my take is, i think that DH is trying to imply, that there was a concerted attempt by the witches Coven, to entrap the RCN and then sue them as part of a wider strategy.

He cannot say it directly because that would involve NC.

I think it possible from the beginning there was a lot of pro bono (work on the part of MG and NC) and that the strategy, (if there was one) was to get the bloody union to recognise the problem with TWAW, for female workers, and do something about it.

And the mystery funder wanted that too.

I think Sandie is just not that politically astute, and likely not to get the line of questioning, and is just being honest.

No offence to Sandie, she is single minded in her approach which is to assert her rights, and i love her for her efforts.

MyAmpleSheep · 23/09/2026 13:03

Hedgehogforshort · 23/09/2026 13:00

Hmm my take is, i think that DH is trying to imply, that there was a concerted attempt by the witches Coven, to entrap the RCN and then sue them as part of a wider strategy.

He cannot say it directly because that would involve NC.

I think it possible from the beginning there was a lot of pro bono (work on the part of MG and NC) and that the strategy, (if there was one) was to get the bloody union to recognise the problem with TWAW, for female workers, and do something about it.

And the mystery funder wanted that too.

I think Sandie is just not that politically astute, and likely not to get the line of questioning, and is just being honest.

No offence to Sandie, she is single minded in her approach which is to assert her rights, and i love her for her efforts.

I think Sandie is just not that politically astute, and likely not to get the line of questioning, and is just being honest.

Sandie is (of course) giving honest answers to questions. Whether she understands the purpose of the questions or not isn't relevant or something she should consider.

We and the Judge can easly tell when a witness is trying to evade the truth because they want the court to think one thing or another, and it's always a bad idea.

nauticant · 23/09/2026 13:05

Provisionally you're entitled to be in a space from which men are forbidden.

However, to have this right here is a list of the conditions that you have to meet.

Oh dear! You've failed to comply with conditions (e), (k), and (q). That means that men are permitted to be in your space.

OP posts:
fanOfBen · 23/09/2026 13:05

I think my tribunal watching so far supports the idea that actually, it doesn't help when you can tell that the witness knows where counsel is going with the questions. They still have to answer honestly, and it many ways it's easier if they just do so completely plainly without spin. Either there's a legal argument that works with the truth they tell, or there isn't - they can't influence that much by the time they're on the stand.

fanOfBen · 23/09/2026 13:06

xpost with MyAmpleSheep , glad we agree!

Cailleach1 · 23/09/2026 13:13

Boiledbeetle · 23/09/2026 12:45

DH but wouldn't that leave you with one claim on a d/x with first solicitors, and a second claim on the same d/x with a different set, weren't you just hoping for some funding from RCN

Isn't that why people join a union? To get legal help when required without having to pay for it?

Too blinkin’ right! How many years had SP, and many more women, paid their dues, to discover that the bro’s couldn’t give a toss about their rights. That all the bro’s and bro enablers were happy to see those women potentially open to sex offences such as peeping and flashing by other men. Recording is on the uprise now too. Why don’t we make it easy for men, eh? That women might be left in a situation where they have to duck and dive in order to not be stressed by being in that situation of comfort, safety and dignity being completely undermined. In the very areas that pretended they were for women only.

Those unions very very happy to take their money for what could be false pretences of providing support, and fighting for their rights. One might think it is a sort of fraud, or theft when they refuse to represent them, or at least represent them properly.

ProfessorBinturong · 23/09/2026 13:15

Dh [...] a new allegation about you misgendering DU and that was included as an amendment to the existing third allegation against you which was being investigated.
SP yes
DH and this was about things you yourself had said during the investigatory process [My bold]

FFS!

"Why did you tell Dr Upton to leave the changing room?"
"Because he shouldn't be there."
"Misgendering! Burn the witch!"

How was she supposed to explain that she was objecting to a man in the women's changing room without calling him a man?

impossibletoday · 23/09/2026 13:16

Quick mention, with video of Sandie arriving, on BBC lunchtime news.

Mmmnotsure · 23/09/2026 13:20

MyAmpleSheep · 23/09/2026 13:03

I think Sandie is just not that politically astute, and likely not to get the line of questioning, and is just being honest.

Sandie is (of course) giving honest answers to questions. Whether she understands the purpose of the questions or not isn't relevant or something she should consider.

We and the Judge can easly tell when a witness is trying to evade the truth because they want the court to think one thing or another, and it's always a bad idea.

We and the Judge can easly tell when a witness is trying to evade the truth because they want the court to think one thing or another, and it's always a bad idea.

Unless you're Upton and your judge is Sandy Kemp.

MyAmpleSheep · 23/09/2026 13:21

fanOfBen · 23/09/2026 13:06

xpost with MyAmpleSheep , glad we agree!

There's another point to draw from this too. There's nothing wrong at all with taking an event of discrimination and building around it a campaign to try to force organizational change. What you should not do is engineer events or manufacture facts to suit a campaign already under way; that is not coming to the law with clean hands.

The fact that SP hadn't at her first contact with the RCN heard of "Gender Critical" and that she failed to recognize or mention that she had been a victim of discrimination or harassment at the outset stands very much to her credit. It shows that the campaign came as a result of the facts, rather than creating them.

MyAmpleSheep · 23/09/2026 13:24

On the subject of who has rights, here are some choice quotes from different TRA's on Reddit, about SP, and in respect of today's hearing

Why for the love of anything is this vile human being allowed to have any kind of legal action? She was proved to be a blatant racist and transphobe for a start. Why does our country and legal system give more rights to horrible people like this and deny us basic rights

Hopefully the court is reminded that Peggie is a vile racist as well as a disgusting transphobe.. just a general, all round disgusting person.

I feel like calling her a person is stretching it.

If anyone was wondering.

Seriestwo · 23/09/2026 13:26

only some women deserve rights, and those women are Nice Ladies who’ll suck our cocks.

Cailleach1 · 23/09/2026 13:37

Oh right. So it is a stretch to call a woman a person. Somewhat medieval, these wonderful, self-proclaimed champions of human rights.

MyAmpleSheep · 23/09/2026 13:40

Cailleach1 · 23/09/2026 13:37

Oh right. So it is a stretch to call a woman a person. Somewhat medieval, these wonderful, self-proclaimed champions of human rights.

Actually they have that one covered

Q - After all, are we sure she is a biological human?
A - Biological, probably; human, no.

So, no human rights accrue to SP.

Justabaker · 23/09/2026 13:42

NebulousSupportPostcard · 23/09/2026 11:12

We know from previous tribunals that NC usually uses whatsapp to take instructions during cross, and the defence advocate said once that that was completely fine and normal.

Also wasnt there a recent case with the ex-cop Watson where he had to keep going outside to instruct his barrister not to pursue certain arguments that seemed likely to have gone to shit for him? 😀

I think that was Tempest. It's part heard resuming in December.

PersonIrresponsible · 23/09/2026 13:43

What's the case reference number for this case, pleaee?

Seems you can still request access, but I can't find it

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