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Feminism: Sex and gender discussions

Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #68

300 replies

nauticant · 04/10/2026 13:02

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 were of sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. Dr Upton claimed 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 after a prolonged process judgment was handed down on 8 December 2025. That judgment is being appealed and an appeal hearing is expected to take place in 2027.

A second Employment Tribunal, Sandie Peggie vs Royal College of Nursing, has just been heard. The hearing started on Wednesday 23 September 2026 and ended on Thursday 1 October 2026. It is possible that a decision will be handed down before Christmas of this year.

Additional legal claims have been raised. Sandie Peggie is taking action against three senior managers who were witnesses in the first 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.

The past proceedings were live tweeted by www.x.com/tribunaltweets. Tribunal Tweets are likely to be providing coverage in future proceedings. There's additional information on Tribunal Tweets' substack: www.tribunaltweets.substack.com/.

Links to previous threads #1 to #60 can be found in this thread: www.mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 61: www.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

Thread 62: www.mumsnet.com/talk/womens_rights/5562302-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-62 3 August 2026 to 24 September 2026

Thread 63: www.mumsnet.com/talk/womens_rights/5581909-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-63 24 September 2026 to 27 September 2026

Thread 64: www.mumsnet.com/talk/womens_rights/5583133-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-64 27 September 2026 to 29 September 2026

Thread 65: www.mumsnet.com/talk/womens_rights/5583663-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-65 29 September 2026 to 30 September 2026

Thread 66: www.mumsnet.com/talk/womens_rights/5584074-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-66 30 September 2026 to 1 October 2026

Thread 67: www.mumsnet.com/talk/womens_rights/5584523-sandie-peggie-employment-tribunal-associated-legal-claims-and-related-matters-thread-67 1 October 2026 to ????

OP posts:
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14
WittyLimeBiscuit · 16/10/2026 16:06

Does anyone know if the NHS England announcement on single-sex spaces will be rolled out in Scotland, Wales and NI?
Would that help Sandie's appeal?

fanOfBen · 16/10/2026 17:01

KittyWilkinson · 08/10/2026 10:19

It's great to be able to read it all in full. Tribunal Tweets are fantastic. I really appreciate the work that they do.

Belatedly reading this... this para has got to contain a typo, hasn't it? What should it say at the end? "Racism"? I'm not entirely sure.

8. C says that R’s GI belief is of powerful evidential relevance to her complaint that she suffered discrimination because of her sex realist belief, in much the same way as it would be relevant to a complaint of race discrimination if the claimant could show that the respondent was institutionally committed to gender ideology.

KittyWilkinson · 16/10/2026 17:18

fanOfBen · 16/10/2026 17:01

Belatedly reading this... this para has got to contain a typo, hasn't it? What should it say at the end? "Racism"? I'm not entirely sure.

8. C says that R’s GI belief is of powerful evidential relevance to her complaint that she suffered discrimination because of her sex realist belief, in much the same way as it would be relevant to a complaint of race discrimination if the claimant could show that the respondent was institutionally committed to gender ideology.

Yes. I think your version makes more sense in that context.
Edited to add: I think it should say " institutionally racist"after was..

fanOfBen · 16/10/2026 17:29

There are actually quite a number of typos, doubtless resulting from the document being finished late at night after a long hearing - I am somewhat tempted to offer my services as pro bono quick-turnaround proof-reader!

KittyWilkinson · 16/10/2026 17:34

Good proof readers are worth their weight in golf.

😉

fanOfBen · 16/10/2026 17:38

KittyWilkinson · 16/10/2026 17:34

Good proof readers are worth their weight in golf.

😉

True, and you're quite right, I shouldn't have hyphenated the noun :-)

LadyHelenaThistle · 16/10/2026 17:38

BezMark · 15/10/2026 14:46

We'll be lucky enough to have plenty of time to hear from Dr Searle directly soon enough!

I can’t wait! I’m so looking forward to this one, I would travel to Edinburgh or Dundee or wherever it’s being held if I could get into the courtroom without crowding out family or journalists. Does anyone have information yet on courtroom attendance for the Searle tribunal?

readbutdonotpostoften · 16/10/2026 17:40

This is an extract from a piece just posted in the Daily Telegraph - no mention of the NHS though currently. I can post a link to the full article but probably paywalled.

"Civil servants have been told not to challenge trans women who wrongly use female lavatories.
Guidance published on Thursday states that trans people in Whitehall departments should only use the lavatories and changing rooms of their biological sex, not their gender identity.
However, it also warned staff against “confronting” biological men using the wrong facilities, saying it could “amount to unlawful harassment”.
Officials could also face disciplinary action if they repeatedly refused to refer to trans people by their preferred pronouns, said the new rules, which were sent to the 70,000 civil servants at His Majesty’s Revenue and Customs HMRC.

Other departments, such as the Ministry of Justice (MoJ), the Ministry of Defence (MoD) and the Department for Work and Pensions (DWP), have set out similar policies"

Kirschcherries · 16/10/2026 18:09

I think the guidance makes sense to quietly notify a manager rather than challenging a transperson in single sex toilets.

Cailleach1 · 16/10/2026 21:51

So, does it only refer to men going into the women’s toilets? Interesting, as I presume it is mostly men deciding to override women’s boundaries. Rather than women doing it to men in any significant number. Threat, and discomfort not the same either.

I see they say it could amount to harassment to confront them. They should also say that it could be dangerous for women to confront them. Considering they are men who have shown they are apt to transgress women’s boundaries in the first place.

Kirschcherries · 16/10/2026 23:00

@Cailleach1 The draft guidance states

“If you have any concerns relating to transgender colleagues' use of facilities or otherwise, you should raise them in an appropriate manner i.e. by speaking discreetly with your line manager, or another manager. You should avoid confronting or challenging the transgender colleague directly. You should be mindful of their needs in the workplace, as well as their dignity and feelings, as they should be mindful of yours. You can raise a concern through the Speak Up Safely process below. Any formal complaints must be raised using departmental policy.”

I think the Telegraph has substituted “biological men” for “transgender colleague”. The guidance is quite rightly using gender neutral language as it could just as easily be a transman using the mens toilet.

Lacksie · Yesterday 21:40

Cailleach1 · 16/10/2026 21:51

So, does it only refer to men going into the women’s toilets? Interesting, as I presume it is mostly men deciding to override women’s boundaries. Rather than women doing it to men in any significant number. Threat, and discomfort not the same either.

I see they say it could amount to harassment to confront them. They should also say that it could be dangerous for women to confront them. Considering they are men who have shown they are apt to transgress women’s boundaries in the first place.

Ofc trans men use the men's loos.

nauticant · Yesterday 21:58

The reason the men aren't up in arms over it is because transmen present practically no risk to the safety of men. However, men understand that there's a risk to their privacy and dignity if female people use their single sex spaces.

OP posts:
JanesLittleGirl · Yesterday 22:00

Lacksie · Yesterday 21:40

Ofc trans men use the men's loos.

Don't be silly. Of course they fucking don't.

KittyWilkinson · Yesterday 22:13

The trans identifying young woman I know uses the women's toilets. For a number of reasons.

venuscat · Yesterday 22:17

At the risk of appearing crude, wouldn't it be difficult for a transman (A biological woman )to use the mens urinals.

Happy to be educated..

ToastSafeFromMothsAndDogs · Yesterday 22:19

The ‘trans men’ I know are all autistic teenage girls, most shorter than 165 cm. Some of them wear loose, fairly unisex clothing, but others dress more feminine than I do and wear makeup.

So no, I don’t think they’re using men’s loos, and I really hope not.

WearyAuldWumman · Yesterday 23:01

I can't find the article, but a trans boy interviewed for one of the local papers asserted that it was not possible to use either the girls' toilets or boys' toilets because knowing that she was different from 'cis boys' in the boys' toilets would 'trigger [her] dysphoria.

She and a girl who identified as non-binary had gone to the paper with a complaint about the lack of unisex facilities. (It might have been the Dunfermline Press.)

WearyAuldWumman · Yesterday 23:03

I'll add that when I was still working, one of the trans identified girls at our school used the disabled facilities and asked to be excused from gym; the other two made it known that they'd rather use the girls' toilets and girls' changing rooms.

HannahinHampshire · Yesterday 23:04

readbutdonotpostoften · 16/10/2026 17:40

This is an extract from a piece just posted in the Daily Telegraph - no mention of the NHS though currently. I can post a link to the full article but probably paywalled.

"Civil servants have been told not to challenge trans women who wrongly use female lavatories.
Guidance published on Thursday states that trans people in Whitehall departments should only use the lavatories and changing rooms of their biological sex, not their gender identity.
However, it also warned staff against “confronting” biological men using the wrong facilities, saying it could “amount to unlawful harassment”.
Officials could also face disciplinary action if they repeatedly refused to refer to trans people by their preferred pronouns, said the new rules, which were sent to the 70,000 civil servants at His Majesty’s Revenue and Customs HMRC.

Other departments, such as the Ministry of Justice (MoJ), the Ministry of Defence (MoD) and the Department for Work and Pensions (DWP), have set out similar policies"

Gifted article -
https://www.telegraph.co.uk/gift/a0556d0f99ad79d5

Don’t challenge trans women in lavatories, Civil Service tells staff

Confronting someone who might be in wrong facilities for their gender could be ‘unlawful harassment’

https://www.telegraph.co.uk/gift/a0556d0f99ad79d5

Lacksie · Today 01:42

JanesLittleGirl · Yesterday 22:00

Don't be silly. Of course they fucking don't.

Of course they do! All the time.

Not all trans men ofc- just like not all trans women use the women's.

It typically depends on the extent of social / medical transition and whether a person generally "passes" or not . I can assure you passing trans men are not generally choosing to use the ladies.

moto748e · Today 01:52

venuscat · Yesterday 22:17

At the risk of appearing crude, wouldn't it be difficult for a transman (A biological woman )to use the mens urinals.

Happy to be educated..

Edited

Using urinals is not compulsory, there are cubicles. But I doubt many would. I've never come across one, but I'm sure it does happen.

RapidOnsetGenderCritic · Today 02:19

Lacksie · Yesterday 21:40

Ofc trans men use the men's loos.

The one I know quite well doesn't, at least not when I've been in the same building.

RapidOnsetGenderCritic · Today 02:22

moto748e · Today 01:52

Using urinals is not compulsory, there are cubicles. But I doubt many would. I've never come across one, but I'm sure it does happen.

As there are often only one or two cubicles, except in very large buildings, it would be very inconvenient for men with bowel problems if people were regularly using the cubicles just for a pee.

moto748e · Today 02:30

Cubicles are much more likely to be inhabited by multiple males snorting coke that any stray transmen, in my experience, so that's a bigger issue for those with 'bowel problems'.

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