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

NC has not explicitly said this is contempt of court - but seems like that.

'Esther Davidson's assistant was Michelle [unclear][?], she's not been called by the 1st respondent'

Who is that please? It's my first day watching.

Does this mean that DU was "encouraged" to rewrite and "beef up" some parts of the statement as the original investigation did not support suspension? But the early investigation has not been divulged?

Thanks everyone posting updates.

'We have continued to request covering emails to docs. We know this was sent to Esther Davidson on 23rd January. We've continued to ask, we haven't received that' - NC

Lady at far end of barrister table.

I saw in a link to a legal firm summary posted yesterday that they were estimating the cost to NHS Fife at £200,000 @BTshun

JR = Jane Russell KC, counsel for NHS and Upton.

Agreed but if you think of the Rosa Parks example- she challenged the law by behaving “illegally” which raised public awareness leading to a legal change. That’s my take on all of this - not necessarily that I agree with Fife/Dr U

Who is that please? It's my first day watching.

Jane Russell KC, barrister for the respondents

Would any of Fife's actions (or lack of actions) here meet the level of criminal activity, I wonder?

You have to come at them head on. They can't turn around quickly due to one leg being shorter than the other two.

In regard to catching haggis. This thread is moving faster than I can catch up.

'shrouded in mystery'

'a gaping hole'

😮

"What we saw at 21:39 last night" - ouch. Sounds as though NC has reason to think the first investigation was aborted because it was coming to the wrong conclusion, viz, sympathising with SP. Will be fascinating to see what comes out now.

'What we saw 9pm last night confrims that 'hate incident' was submitted in Jan, makes no reference to [x] incident, or that Dr Upton had been aware of safety concerns'

'Gaping hole in respondent's compliacne with judge#s order'

'Dr Upton's patient safety concerns are not in the Xmas day email sent'

'Dr Upton made no allegations of patient safety concern in december as far as we're aware'

NC wont want an adjournment - she wants the process ruled unlawful and judgement for her client.

That sounds unduly speculative. I think it is really important not to post things that go beyond the facts, to avoid starting wild internet falsifications.

Here's hoping

'Beth Upton submits 'hate incident' in January, no ref to patient safety'

'Angela Glancy makes it clear she is investigating 'hate incident' and says BU has not referred to prior incidents in his statement.'

Yes that would be good. JR will no doubt argue for an adjournment in that case.

Yes. Please.

DrU just heard himself referred to as he but didn't react. I'm surprised he didn't pretend to wipe a tear away

My suspicion would be there is a concern to be explored that Fife may have decided the disciplinary outcome they wanted first then structured an investigation to justify that outcome.

Without proper evidence of a process being followed fairly and transparently I think Fife may struggle to rebut that implication. If they had done things properly then why haven’t they complied with the disclosure order.

DU looks rather chastened today. As do his supporters.

Not sure it was a brilliant idea to put them behind him, in full view. The body language of the older man - presumably his father - at some of Naomi's comments has been interesting.