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Feminism: Sex and gender discussions

NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #6

1000 replies

nauticant · 07/02/2025 12:34

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

Thread 5: www.mumsnet.com/talk/womens_rights/5269149-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-5

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28
SeethingHarpie · 07/02/2025 15:45

CriticalCondition · 07/02/2025 15:41

Many moons ago I worked on a case in which the heavy-handed impressions of manuscript notes made with a biro on the preceding page were crucial to our case. The page with the notes had been torn out but it was possible to read the indentations on the subsequent page.

That's why the disclosure process is (or was?) called 'discovery and inspection'. You inspected the original paper documents.

I don't know if there is an exact digital equivalent of that.

Perhaps that concept is what they were referring to when stipulating that they wanted the original emails with the metadata, rather than pdf printouts/copies of the emails?

Shetlands · 07/02/2025 15:46

CriticalCondition · 07/02/2025 15:12

Lots of people use just initials for their court 'username'. Whilst the court admin staff might have a record of full names, only the username you have chosen will appear on screen. No way of knowing whether the initials are 'real' ones!

I hope someone called Tamsin Emma Ruth Fielding logs on with her initials. 😈

INeedAPensieve · 07/02/2025 15:47

Wow well what a day!

I await with bated breath the BBC article that will be produced about today's proceedings in which they somehow make out that Sandie is still being a big meanie pants.

So pleased to see that her dad's memory tributes have surpassed £7k. Amazing! That much in such a small timeframe, hopefully it gives Sandie and her family some comfort knowing how many people are supporting her through this. X

maltravers · 07/02/2025 15:47

My reading is that they want the meta data as it would presumably show alterations, authorship, timing of alterations etc.

wellnotexactly · 07/02/2025 15:47

Jacopo · 07/02/2025 15:32

@wellnotexactly Can you tell us what the current situation is regarding changing rooms? Is the “women’s” one still effectively mixed sex?

I work in a different department so I'm not down that way very often - I'm not 100% sure which changing rooms are actually involved in this case I'm afraid!
I do know in a newer part of the site there is a 'unisex' changing room which is basically only used as a storage cupboard, though.

Skyellaskerry · 07/02/2025 15:48

Largofesse · 07/02/2025 15:37

At this point I don’t believe they didn’t take notes. No meetings are unminuted when dealing with HR issues. Either they asked for the meeting to be unminuted which is dodge city or they are hiding the mins. TEAMS can do live transcriptions so busyness isn’t a reasonable argument even for all the irony of U’s contemporaneous notes from the off.

Does anyone know if there’s an order also to produce ‘the chat’ notes from Teams meetings?

SeethingHarpie · 07/02/2025 15:48

Would BUs “notes” on SP (and presumably every other employee he interacted with) also need to be disclosed? I would be very interested to see the scope of his note taking…

TeiTetua · 07/02/2025 15:49

I wonder if conferences for the Upton/NHS side over the weekend will lead to the plan to surrender completely. It just seems as if the longer this lasts, the more they look like a bunch of fools, and not entirely honest fools either. And every minute the tribunal lasts, it's costing the NHS trust money (think of the Green Party). It's evident that they never had much of a plan, and just thought Sandie Glennie would be intimidated and either quit, or accept the situation.

KnottyAuty · 07/02/2025 15:49

Faffertea · 07/02/2025 15:43

Apologies if this has been addressed now- I’m still catching up on thread 5 (thanks @nauticant ) but this (quoting Arabella who is quoting NC):

'2nd respsondent has made potenitally career ending allegations against claimant, whould raise clear fitness to practise questions'
'if those allegations are untrue, obviously potential consequences for 2nd respondent'

This is hugely significant.
If Dr U has made false allegations regarding patient safety in order to harass and potentially end the career of another staff member this cannot be ignored as a fitness to practice issue. He cannot use his trans status to deflect from this in the way he can about the CR issue.

^ This
And also it would avoid SP having to go to professional conduct to clear her name after the ET is finished

murasaki · 07/02/2025 15:50

I wonder if they would have requested the metadata had the information been submitted as ordered. As it wasn't, it looks like there is something to hide so they want to be able to know it is definitely the originals, as the seed of doubt has been sown, germinated and is currently 10 foot tall sunflowers.

RethinkingLife · 07/02/2025 15:51

TeiTetua · 07/02/2025 15:49

I wonder if conferences for the Upton/NHS side over the weekend will lead to the plan to surrender completely. It just seems as if the longer this lasts, the more they look like a bunch of fools, and not entirely honest fools either. And every minute the tribunal lasts, it's costing the NHS trust money (think of the Green Party). It's evident that they never had much of a plan, and just thought Sandie Glennie would be intimidated and either quit, or accept the situation.

Based on comments in previous threads, this tribunal has attracted NHS Scotland attention/support in addition to NHS Fife.

I have no expectation that this tribunal would be discontinued. I have no expertise on which to base that.

ickky · 07/02/2025 15:53

Skyellaskerry · 07/02/2025 15:48

Does anyone know if there’s an order also to produce ‘the chat’ notes from Teams meetings?

Yes The judge asked even it's we'll meet at 2pm note, it should be included.

GrumpyMenopausalWombWielder · 07/02/2025 15:56

Slight tangent here but just picked the is up on X:

The case of James Esses against UKCP (for involvement in the removal of Esses from a UKCP organisational member for his GC views) was settled, with details undisclosed but as a result of that case alone, UKCP's indemnity insurance has risen 3000%.

https://x.com/jamesesses/status/1887793084307525976?s=46

I can't imagine what this case will do to NHS Fife's insurance covering litigation costs.

Madcats · 07/02/2025 15:57

I don't go to that many meetings (I am a Charity Trustee), but I always have a physical notebook to take a few notes/add to my to-do list (not least because mobile reception is dire). Traditionally we used to record them on a dictaphone but we now use Teams recording (and a free bit of AI tech to draft provisional minutes/action points). Our minute taker says that it saves her hours of work.

We are not a techy organisation.

Many threads ago somebody mentioned that the judge had started a shiny new notebook - probably a Moleskine if he is anything like my DH= so I can see why he might have asked for written notes.

ThreeWordHarpy · 07/02/2025 15:58

I’ve been involved in inspections by regulatory bodies, and also preparation for court cases involving my employer. There are clear procedures to follow, one of which is having a document room and a team on standby to retrieve whatever information is requested. We have rehearsals and everything.

From my perspective, the apparent less than thorough search for related documents is, at best, sloppy and careless and at worse a deliberate attempt to “not find” emails which they know won’t support their side if used in evidence.

so yes, in my industry it would be all hands on deck all weekend, Uber Eats on the directors credit card and you comply with the court order or else. I fail to see why NHS Fife would be any different.

FebruaryCrow · 07/02/2025 16:01

MysticCatLady · 07/02/2025 15:27

Naomi Cunningham will also be representing Faye Russell-Caldicott in what looks like a similar case next month. Further details on Crowd Justice.

Thank you - I'll be refreshing my memory on Faye's case tonight.

And hello to Faye who is on here somewhere! Smile

murasaki · 07/02/2025 16:02

Exactly. We had yearly 'dry runs' in case UKVI came to do an actual audit of our student visa system. There were some files asked for in advance and some at random on the day, so I had my team on standby to grab what I needed when asked. I'd assume when you know there's a case going in that you'd do the same.

EasternStandard · 07/02/2025 16:06

I'm reading through the SP transcript as I missed those days

This is key

JR - I'm surprised, throughout these proceedings you have misgendered DU, and instructed your legal team to misgender them. You've chosen
misgender him.

Do we have to lie or not work?

Can we talk about where we are with this. It's beyond

We'll look back at this one day and it'll be up there with the most intense periods of history

GailBlancheViola · 07/02/2025 16:08

Well, that was certainly a dramatic turn of events this morning.

GrumpyMenopausalWombWielder · 07/02/2025 16:10

Any decent sized org would have a data rights teams & legal dept set up specifically to deal with stuff like this. Companies can end up with huge fines etc. Due to failure to comply with regulations over data use/storage & that's not touching on what employers are required to do to show they're complying with employment law & workplace regulations as in this case.

NHS Fife really should have a dept/depts on top of this, and especially given the huge interest in the case & the massive PR nightmare they've walked themselves into. If there's someone somewhere in the chain being obstructive on disclosure, I suspect NC will get to the bottom of that in due course with her questioning whoever is going to answer for NHS Fife.

ickky · 07/02/2025 16:11

It seems there is a bit of a Twitter storm over all this, they are on fire with some of the commentary.

Mayaisashero · 07/02/2025 16:12

HANG ON! Trying to catch up here.

Someone sent an email with the header 'hate incident' about SP to SEVENTEEN colleagues BEFORE any investigation as to whether there was merit to the trumped up, witch hunty claim?

Surely that's slam dunk discrimination / harassment/ bullying.

Cailleach1 · 07/02/2025 16:13

NotMaroonButRaspberry · 07/02/2025 13:34

Beth has precisely zero notes of likely several meetings and discussions related to SP being suspended. None.

But made notes on the VERY FIRST OCCASION SP appeared uncomfortable after he walked in on her in only a bra and trousers.

Yeah. Hmm. But how did he know she was in the room, or left the room? He said he was very very careful to not give ‘an indication’ that he was looking/watching at the women in the female single sex changing room. I’m paraphrasing as I can’t remember the words exactly. But that is the gist.

He wouldn’t have been looking at any women in there, so how could he have known it was SP?

endofthelinefinally · 07/02/2025 16:17

I would be shocked if those emails had disappeared. Even back in my day, (15 or so years ago), we had to export and archive all emails regularly to free up space in our mail boxes. The IT department archived them somewhere...
(It was impressed on us that even deleted emails would still be retrievable by the IT people. So be careful what you write).

AnnaMagnani · 07/02/2025 16:19

Am really hoping Dr Searle is on the witness list.

I'd like to know what was in her email, how she decided DU using the changing room was OK without checking a policy or asking any of the women who use it and most of all, as Patient Safety Lead what the terrifying risk to patient safety was of a doctor doing some obs.

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