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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
fanOfBen · 24/09/2026 10:03

Signalbox · 24/09/2026 09:43

It always looks weak at this point. I can remember thinking the same thing about Maya's case until Ben Cooper got stuck in. Once NC starts cross-examining the witnesses for the RCN it will all look much stronger.

Even if the case is lost, the fact that they had to fight it may concentrate RCN's mind. They have other similar cases upcoming, and if their behaviour in those has been worse... Perhaps Sandie (and her backer) may have thought "in for a penny, in for a pound" and strategically decided to bring every case with a decent chance of winning, not only those certain to.

AugustDieSheMust · 24/09/2026 10:05

TW - Transwoman (male person claiming female gender identity)
TM - Transman (female person claiming female gender identity)

I think the wonderful TTs have a typo here.
TM - Transman (female person claiming male gender identity)

Boiledbeetle · 24/09/2026 10:06

Someone has their microphone on!!

Jaffaisitacakeorbiscuit · 24/09/2026 10:06

Currently being discussed on Woman’s hour BBC radio 4

fanOfBen · 24/09/2026 10:06

AugustDieSheMust · 24/09/2026 10:03

Oh, and there are several meeting rooms for online access so you can't tell if someone is Observing or not. They could be in a different room.

I think someone said upthread that they were in room 5. That's not the number of the room I'm in.

Yes, I was confused about that. I'm not the only one, I think - Lorna someone on Scotcast about the case (worth listening to, link below) said the numbers of observers had dropped off compared with the main case, to "dozens", without mentioning the limited number of spaces and first-come-first-served!

www.bbc.co.uk/iplayer/episode/m00320dw/scotcast-peggie-tribunal

SeriouslyWeird · 24/09/2026 10:07

Jaffaisitacakeorbiscuit · 24/09/2026 10:06

Currently being discussed on Woman’s hour BBC radio 4

Listening to this with interest as it's Anita Rani hosting, who famously deplores the 'transphobia' of women standing up for their right to single sex spaces.

Appalonia · 24/09/2026 10:09

The sound is terrible again!

Carryonnursing · 24/09/2026 10:09

I’ve never been a member of a union, but is the possible angle that a union which is recognised by the employer shld be on top of workplace policies and how they impact the workers and whether they’re lawful?

So is there the broader point that RCN didn’t do the basics that a union is supposed to do. They shld have queried the policy of letting men self ID into women’s spaces - as it was against workplace regulations - before there was any incident. They have lawyers for this. Whereas nurses like Sandie are just thinking my employer has introduced this crazy new idea. And as we have seen, most people at work need their job and don’t want/can’t raise their head above the parapet.

Or are unions just supposed to be reactive to individual members complaints?

I think it’s significant that 2 other nurses testifying are from different hospitals, so it’s a general complaint about how the union didn’t fulfil its duty to members.

ickky · 24/09/2026 10:09

Sound is appalling again today. Why don't they all have clip on mics? Much easier for everyone.

Davros · 24/09/2026 10:10

SP case being discussed on Woman’s Hour now!

janeszebra · 24/09/2026 10:10

I'm casting to my TV so I can turn the volume up more. Very hard to make out what they are saying sometimes.

fanOfBen · 24/09/2026 10:10

Boiledbeetle · 24/09/2026 10:06

Someone has their microphone on!!

Yesterday, the list of observers in my room each had a microphone crossed out symbol on them, suggesting this had been done centrally. Today, not. I've turned off my microphone at device level but anyone who hasn't might want to check!

Boiledbeetle · 24/09/2026 10:10

A break already. The judge has left the room!

I've only just sat down

fanOfBen · 24/09/2026 10:11

From TT:

J -good morning furthe doc?
NC - y 16 page doc fair care for trans patients - throughout relevant period couldn’t print copy. Can copy
J DH are you happy?
DH no objection q ( can’t hear)
NC hard copy 1255 to page 1261
DH unheard

Hard to hear
J - additional doc not printed is that for this w?
NC yes for next week authorise print now?
j I will on this occasion but not expected to be doing will need to break for doc to be printed I will rise for to be done . Stay in room .
Judge leaves room

DH and NC discussing document pages

janeszebra · 24/09/2026 10:12

The dog is walked. I've fortified myself with a slice of boiled fruit cake and am now sat down with a cup of tea to try ad work and watch the tribunal. Always have to check my work with a fresh eye later to make sure I haven't transposed words from the tribunal in to the text!

Signalbox · 24/09/2026 10:13

fanOfBen · 24/09/2026 10:10

Yesterday, the list of observers in my room each had a microphone crossed out symbol on them, suggesting this had been done centrally. Today, not. I've turned off my microphone at device level but anyone who hasn't might want to check!

I think it depends on whether or not you have joined as an observer. Mine keeps reverting to the audio and video selection each time I log in.

poodlemum01 · 24/09/2026 10:14

I dont know if my microphone is on or not or how to check, I just selected the observer option though so shouldn't have it on.

BettyBooper · 24/09/2026 10:14

@fanOfBen I'm here now! Just need a minute to get set up!

nauticant · 24/09/2026 10:14

fanOfBen · 24/09/2026 10:06

Yes, I was confused about that. I'm not the only one, I think - Lorna someone on Scotcast about the case (worth listening to, link below) said the numbers of observers had dropped off compared with the main case, to "dozens", without mentioning the limited number of spaces and first-come-first-served!

www.bbc.co.uk/iplayer/episode/m00320dw/scotcast-peggie-tribunal

If there are 5 rooms, each with, say, 20 people in, that's 100 observers. That's a huge number for an Employment Tribunal. And that was capped with others interested but not permitted to observe.

OP posts:
Signalbox · 24/09/2026 10:15

nauticant · 24/09/2026 10:14

If there are 5 rooms, each with, say, 20 people in, that's 100 observers. That's a huge number for an Employment Tribunal. And that was capped with others interested but not permitted to observe.

I'm in room 5. So presumably there are at least 5 rooms.

fanOfBen · 24/09/2026 10:15

Signalbox · 24/09/2026 10:13

I think it depends on whether or not you have joined as an observer. Mine keeps reverting to the audio and video selection each time I log in.

I noticed that, re-selected Observer as instructed, but still landed in the room with no crossed out microphone symbol. I think their software has multiple settings controllable centrally and not everyone controlling them understands them...

fanOfBen · 24/09/2026 10:17

poodlemum01 · 24/09/2026 10:14

I dont know if my microphone is on or not or how to check, I just selected the observer option though so shouldn't have it on.

In Windows, the easiest thing is to search (in the general bottom-left search box) for microphone, and select something like microphone privacy settings. In the box that pops up there's a master switch labelled "Let apps access your microphone". If you turn that off, you should be safe.

ETA in my room at least, the crossed out microphone symbols have now appeared, so someone found the central control :-)

fanOfBen · 24/09/2026 10:17

From TT:

Short break to print documents.

Will return when judge is back.

Judge returns and sits.

J- that doc will be added to back of folder and would start at 1262
NC a very grateful
J Srart LM evidence?
NC Yes
J Swear in LM
LM affirms
NC full name
LM gives full name
NC worked at RCN oct 2017 to 9th sep 2019

NC Page 670 bundle. That’s your job description in role? Describe how interested in debate sex and gender

poodlemum01 · 24/09/2026 10:18

I'm in room 4, so there must be at least 5.

borntobequiet · 24/09/2026 10:19

Anita sounded relieved to finish that segment

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