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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
Kepler22B · 23/09/2026 18:40

I’ve stopped following this topic and things have moved on since I last read about it. Was today Sandy Peggy’s legal case against the RCN or something else?

AWomanOfWealthAndTaste · 23/09/2026 18:43

Kepler22B · 23/09/2026 18:40

I’ve stopped following this topic and things have moved on since I last read about it. Was today Sandy Peggy’s legal case against the RCN or something else?

RCN, for their uselessness in assisting her as a paying member.

She's appealing some of the findings that went against her in the employment tribunal, and the court has agreed she can raise almost all of the points that she wanted to. This doesn't mean she'll win on them but they've agreed to hear her. I think someone said it would likely be next year before that was next in court.

Boiledbeetle · 23/09/2026 18:51

Justabaker · 23/09/2026 18:35

So what I heard today was a union that did as little as possible, did it slowly and badly.

Unless a supplicant dues paying member can recite the magic words in the correct order, no effective help.

Not sure if it's malice or institutional laziness.

It's like Mumsnetters trying to get their share of the right wing funding, that all gets sent straight to me, out of my vault.

Only if you say the, completely unknown to anyone but me and a Russian bot farm, far right money tree incantation correctly, forwards and backwards, whilst standing on your head and one leg drinking a bottle of Buckfast whilst eating a Tunnock's Tea Cake will you be successful.

It's why I own a super yacht and three helicopters.

Justabaker · 23/09/2026 18:55

What occurred to me is flip the narrative. Say Doctor U was actually a nurse, phone the RCN, said somebody was mean to me and now I'm suspended, what do we think would happen next?

WFTCHTJ · 23/09/2026 18:58

nauticant · 23/09/2026 11:10

Here's what I plan to have as the title for the next thread:

Sandie Peggie and various matters including Employment Tribunals and legal claims against NHS Fife Health Board, the Royal College of Nursing, and individuals connected with NHS Fife - thread #63

Does anyone have any objections to this?

Can I suggest
Sandie Peggie Employment Tribunal and associated legal claims: current case v Royal College of Nursing - thread #63
that way you're less likely to run into a character limit, and it'll be easier to see at a glance where we're at?

WFTCHTJ · 23/09/2026 19:01

Boiledbeetle · 23/09/2026 18:17

After spending the day tribunal watching I'm seriously regretting not doing paperwork, that's needs completing before tomorrow morning, in the whole month I've had it.

The laptop has fallen out with the printer and is currently refusing to even acknowledge the bloody thing.

I'm just going to go throw something at something whilst screaming in frustration.

If you don't hear from me again it's because I'll be rocking in a corner cursing technology.

Boiled if you're still having trouble with your printer and have done the traditional "switch it off and on again" thing, try restarting the Print Spooler service

nauticant · 23/09/2026 19:02

This looks like a good time to get some input on part of the OP I'll be posting for the next thread. As far as I'm aware, this is the current status:

Following [the appeal against the ET judgement] a number of additional legal claims have been raised. Sandie Peggie is taking action against the Royal College of Nursing, against three senior managers who were witnesses in the employment tribunal - Dr Kate Searle, Dr Maggie Currer and Esther Davidson, against Carol Potter, the chief executive of NHS Fife, for victimisation, against NHS Fife for discrimination, and against its director of people and culture David Miller for harassment. In addition, Sandie Peggie is being investigated by the Nursing and Midwifery Council over fitness to practice.

As far as people know, is that (a) correct and (b) complete? Thanks.

OP posts:
SirChenjins · 23/09/2026 19:12

Justabaker · 23/09/2026 18:55

What occurred to me is flip the narrative. Say Doctor U was actually a nurse, phone the RCN, said somebody was mean to me and now I'm suspended, what do we think would happen next?

They would call for a national strike in support of Beth.

fanOfBen · 23/09/2026 19:15

nauticant · 23/09/2026 19:02

This looks like a good time to get some input on part of the OP I'll be posting for the next thread. As far as I'm aware, this is the current status:

Following [the appeal against the ET judgement] a number of additional legal claims have been raised. Sandie Peggie is taking action against the Royal College of Nursing, against three senior managers who were witnesses in the employment tribunal - Dr Kate Searle, Dr Maggie Currer and Esther Davidson, against Carol Potter, the chief executive of NHS Fife, for victimisation, against NHS Fife for discrimination, and against its director of people and culture David Miller for harassment. In addition, Sandie Peggie is being investigated by the Nursing and Midwifery Council over fitness to practice.

As far as people know, is that (a) correct and (b) complete? Thanks.

Maybe "In addition to" rather than "Following"? I think the claim against KS etc was filed before the result of the original ET against NHS Fife and BU was known, so "following" doesn't seem quite right, but I couldn't swear to the order of filings, and in any case that might not end up being the same as the order in which things are heard.

GreenFootstool · 23/09/2026 19:19

DrBlackbird · 23/09/2026 18:32

I skipped many pages of DH’s questions, but it seemed he was making a point that SP never used the term GC and this appears to be significant to the RCN.

Presumably something like she was never expressing her legally protected belief that the earth is round. So how were they to know she thought the earth was round.

But isn’t saying the words "a bloke who says he’s a woman is using the woman’s cr and it’s making us women uncomfortable" enough to infer such beliefs?

Also made me wonder where does the term gender critical come from? Who first used it and why. It’s so easily misunderstood and framed as being a negative. Sex realist could be closer but even that might not be clear.

It feels to me that they're gearing up to say she's been groomed to make the claims of being GC, given she didn't know what GC was before The Incident.

To me, however, she was peaked by the build up to and the aftermath of The Incident.

Being unable to name a crime doesn't mean it didn't happen.

fanOfBen · 23/09/2026 19:27

Michael Foran talked about RCN's tactics in his livestream this evening. If I understood correctly, he thinks they are wanting to suggest (likely correctly) that the idea this was belief discrimination against SP wasn't really in anyone's mind at the beginning of the process. In contrast to NHS Fife's strategy of saying SP was a nasty bigot, RCN seems just to want to say that she was offered the support that she would have been if she'd had different protected characteristics, and that if they overlooked things they could have offered it was just that, an oversight. He seemed to think it a sensible strategy.

Boiledbeetle · 23/09/2026 19:29

WFTCHTJ · 23/09/2026 19:01

Boiled if you're still having trouble with your printer and have done the traditional "switch it off and on again" thing, try restarting the Print Spooler service

Oh FFS!

Happy dance time.

And yes! I hadn't turned it off and on again.

Will I never learn!!

Thank you.

Seriously my brain was that fried it hadn't occurred to me to switch it off and start again.

Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #62
AWomanOfWealthAndTaste · 23/09/2026 19:40

fanOfBen · 23/09/2026 19:27

Michael Foran talked about RCN's tactics in his livestream this evening. If I understood correctly, he thinks they are wanting to suggest (likely correctly) that the idea this was belief discrimination against SP wasn't really in anyone's mind at the beginning of the process. In contrast to NHS Fife's strategy of saying SP was a nasty bigot, RCN seems just to want to say that she was offered the support that she would have been if she'd had different protected characteristics, and that if they overlooked things they could have offered it was just that, an oversight. He seemed to think it a sensible strategy.

I can see the logic in that. If you don't mind setting your pride and right side of history-ness aside, this wasn't ideological we just didn't do very well is an attractive argument to make.

But I do hope Sandie's team make sure to get as many NMC witnesses as possible to claim of course they'd have helped her terfy self, if they'd only realised what was going on.

fanOfBen · 23/09/2026 19:43

(I am twitching every time people mix up RCN and NMC - they are completely separate organisations!)

nauticant · 23/09/2026 19:49

WFTCHTJ · 23/09/2026 18:58

Can I suggest
Sandie Peggie Employment Tribunal and associated legal claims: current case v Royal College of Nursing - thread #63
that way you're less likely to run into a character limit, and it'll be easier to see at a glance where we're at?

I'm not so keen on this because it's not the only case, it's just the one currently being heard. But if the title is about that, then the title will be out of date at the end of next week.

If people here would prefer something concise, I'd go with Sandie Peggie Employment Tribunal and associated legal claims - thread #63

OP posts:
nauticant · 23/09/2026 20:10

fanOfBen · 23/09/2026 19:15

Maybe "In addition to" rather than "Following"? I think the claim against KS etc was filed before the result of the original ET against NHS Fife and BU was known, so "following" doesn't seem quite right, but I couldn't swear to the order of filings, and in any case that might not end up being the same as the order in which things are heard.

Edited

I'll remove any suggestion of causation/sequence from the text.

OP posts:
NebulousSupportPostcard · 23/09/2026 20:31

Gosh I hadn't realised SP is being investigated by NMC.

Seriestwo · 23/09/2026 20:33

Is she? What for?

is the GMC looking at Upton who said in court that he is female and would provide care to a woman who’d asked for single sex care until she complained in which case he’d get a colleague along?

AWomanOfWealthAndTaste · 23/09/2026 20:37

Seriestwo · 23/09/2026 20:33

Is she? What for?

is the GMC looking at Upton who said in court that he is female and would provide care to a woman who’d asked for single sex care until she complained in which case he’d get a colleague along?

I think the nasty jokes about Pakistanis that came out in that Benidorm group chat. She will not be the only one who ended up with an NMC referral out of that one, since the leaking colleague had been discussing a patient on there.

Some people did report Upton to the GMC but not sure what's happening there.

prh47bridge · 23/09/2026 20:44

AWomanOfWealthAndTaste · 23/09/2026 20:37

I think the nasty jokes about Pakistanis that came out in that Benidorm group chat. She will not be the only one who ended up with an NMC referral out of that one, since the leaking colleague had been discussing a patient on there.

Some people did report Upton to the GMC but not sure what's happening there.

Possibly, but my understanding is that she is being investigated for trans phobia

nauticant · 23/09/2026 20:46

As was reported in the Times, in the recent interview she did:

She also remains under investigation by the Nursing and Midwifery Council for alleged “transphobia”, a complaint her legal team said was made after the publicity generated during the 2025 trial, by people she had never worked with nor met.

OP posts:
AWomanOfWealthAndTaste · 23/09/2026 20:46

prh47bridge · 23/09/2026 20:44

Possibly, but my understanding is that she is being investigated for trans phobia

Oh really? Hadn't heard about that. Is anything written about it?

Edit- cross post with Nauticant!

nauticant · 23/09/2026 20:48

See here: archive.ph/Sp4DH

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YourWatermelonship · 23/09/2026 21:00

AWomanOfWealthAndTaste · 23/09/2026 20:37

I think the nasty jokes about Pakistanis that came out in that Benidorm group chat. She will not be the only one who ended up with an NMC referral out of that one, since the leaking colleague had been discussing a patient on there.

Some people did report Upton to the GMC but not sure what's happening there.

Yes the colleague of Sandie's that went on the stand to gleefully share the racist jokes had named a patient (full name and surname) and discussed their condition on the same WhatsApp group.

She also burst into tears and answered "no" when Naomi asked her if that was the worst thing she (the colleague, I forget her name) had said on the group. So Lord knows what else was on that chat.

Re Dr Upton - I seem to remember that people who complained about him were told that his professional body wouldn't investigate while proceedings are ongoing.

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