NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #5

[nauticant]

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy (VH), has 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 January 2025 and is expected to continue for 2 weeks. The hearing commenced with Sandie Peggie giving evidence. Dr Beth Upton started giving evidence on 6 February.

Access to view the hearing remotely can be obtained by sending an email request to [email protected] headed Public Access Request (Peggie v Fife Health Board) 4104864/2024 and requesting access.

The hearing is being live tweeted by https://x.com/tribunaltweets and there's additional information here: https://tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr. This also has threadreaderapp archives of live-tweeting of the sessions of the hearing for those who can't follow on Twitter, for example: archive.is/xkSxy.

An alternative to Twitter is to use Nitter: https://nitter.poast.org/tribunaltweets

Thread 1: https://www.mumsnet.com/talk/womens_rights/5186317-nhs-fife-tries-to-silence-nurse

Thread 2: https://www.mumsnet.com/talk/womens_rights/5267591-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-thread-2

Thread 3: https://www.mumsnet.com/talk/womens_rights/5268347-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-3

Thread 4: https://www.mumsnet.com/talk/womens_rights/5268942-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-4

Perfect, thanks! That's my day sorted :-)

This could seriously put a spanner in the works I would think and prolong the process considerably.

Blimey. This is damning for Fife.
Although I'm not sure we've seen an employer yet who has been open and transparent and competent in implementing their own Grievance and Disciplinary procedures.

Fucking taxpayers’ money diverted from patient care to politically motivated EDI shenanigans.

Heads had bloody well better roll vigorously over this.

Metaphorically, obvs.

'that material, relating to three things - the document called 'hate incident'; the undated doc headed 'formal complaint'; 'and Louise Curran's undated written staement - we also asked for any covering emails or email chains associated with those items. We told 1st respondent that we had come to see original investigating officer must have been Esther Davidson from a couple of clues in 700 pp bundle'

'Having deduced that, which had never been admitted to by 1st respondent, we put that to [inaudible]'

Both seem pretty magical to this elderly, churchgoing female. Supporting single sex spaces doesn't make me a homophobe.

'so in light of that surmise (subsequently admitted), we asked for any docs relating to change in investigation'

JR has to defend FIFE's process - inconceivable that you wouldnt see all the documents.

JR would have been reliant on Fife’s solicitors to organise all the docs and disclosures. A barrister would normally get a set of papers and be asked to advise on them but not to chase around to gather them.

Definitely

I wonder if they can even continue with the case until these documents have been produced?

NC seems very assertive, despite the 'um's.

Probably none. It's the client who is ordered to disclose, and their appointed counsel presents what they're given. As much as JR's cross examination has been the source of much discussion, she would never withhold evidence her client was ordered to produce.

The only other case where this was a major embarrassment for appointed counsel (that I can recall) would be the Alex Salmond court case against ScotGov where ScotGov were ordered to produce evidence (emails between various parties involved in the investigation), assured their counsel they'd fully complied but some of the emails made clear that wasn't the case. Counsel was 'professionally embarrassed' because he'd given the court assurances, based on his clients assurances, but they didn't comply & it resulted in a very expensive evening raid (could have been Xmas eve or NY IIRC) with court officers sent in to extract the evidence that hadn't been disclosed.

It doesn't look good at all for any court case if full disclosure hasn't been made, in line with the court order.

That does help with the volume, thanks. It's still very 'windy' on the line which is not at all comfortable to listen to 😬

In response about why 'significant delay to concluding investigation - board responded that delay arose from matters such as staff absence, staff illness, sick leave, workload demands, other availability issues, requesting staements from those involves, changing/appointing investigating team, seeking further input from additional witness'

I've just been following this from posts - it appears that Fife did not disclose all the info they should have, which is a big no-no legally.
Nothing happened all morning and then bang! up steps NC with this huge claim which could really put the cat amongst the pigeons.
Sorry, that's the best I can do summarywise!

@Namechangefordaughterevasion I’m also a churchgoer, not a homophobe and a defender of female spaces.

But the rainbow and unicorn have been dragged in the mud recently. They will wash clean. But they are currently grubby from misuse.

Thanks :)

From what I have gathered, Sandie's legal team asked for all the documentation around the original investigation which took place, and which was subsequently abandoned. They also asked for covering emails for the original complaints. All the details of the original investigation, fact finding etc. Everything in original file format. They are basically accusing NHS fife of deliberately witholding a substantial amount of the documentation the judge ordered them to disclose.

NC must have been working late into the night last night! This is never ending. Dr U is not looking entirely comfortable.

I think sound could be resolved a little, if NC moved her mug behind the laptop, moved the laptop over to the left slightly, and then moved the microphone towards her on the right of the laptop.

'Angela Glancy, when asked - Dr Upton's current statement, when written? Glancy says she can't respond as she wasn't part of initial fact finding'

JR looking a bit glum, to my eye

She's not even brought up a single magazine article or opinion blog post yet! 🤣

I'm wondering exactly what NC is seeking. Another order for disclosure, this time in very specific terms?