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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 #19

1000 replies

nauticant · 14/02/2025 18:06

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 February 2025 and was expected to continue for 2 weeks. However, after 2 weeks it was not complete and it adjourned part-heard. It seems that it will resume on 16 July and the last day of evidence will be 28 July but it wasn't completely clear whether it might end a day or two later.

The hearing commenced with Sandie Peggie giving evidence. Dr Beth Upton gave evidence from Thursday 6 February to Wednesday 12 February.

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

However, as a result of problems with the livestreaming, apparently caused by a very large number of observers, remote public access to the hearing was suspended on Tuesday 11 February. It was suggested that it might be reinstated at some point but don't count on it.

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: https://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
Thread 6: https://www.mumsnet.com/talk/womens_rights/5269635-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-6
Thread 7: https://www.mumsnet.com/talk/womens_rights/5270365-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-7
Thread 8: https://www.mumsnet.com/talk/womens_rights/5271511-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-8
Thread 9: https://www.mumsnet.com/talk/womens_rights/5271596-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-9
Thread 10: https://www.mumsnet.com/talk/womens_rights/5271723-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-10
Thread 11: https://www.mumsnet.com/talk/womens_rights/5272046-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-11
Thread 12: https://www.mumsnet.com/talk/womens_rights/5272276-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-12
Thread 13: https://www.mumsnet.com/talk/womens_rights/5272398-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-13
Thread 14: https://www.mumsnet.com/talk/womens_rights/5272939-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-14
Thread 15: https://www.mumsnet.com/talk/womens_rights/5273119-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-15
Thread 16: https://www.mumsnet.com/talk/womens_rights/5273636-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-16
Thread 17: https://www.mumsnet.com/talk/womens_rights/5273827-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-17
Thread 18: https://www.mumsnet.com/talk/womens_rights/5274332-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-18

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15
fanOfBen · 15/02/2025 08:18

Needspaceforlego · 15/02/2025 00:47

You are absolutely right.
I was thinking about this earlier in the gyms open plan changing area.
I bet there are women who would avoid getting changed at work or get changed in a toilet cubicle rather than share a space with men.
Then it occurred to me, thats possibly not even always possible for nurses etc if they get covered in other people's body fluids. They need to get changed ASAP

NC hammered home the point yesterday that nurses have to change at work - considered unacceptable to travel on a bus in scrubs for example, for hygiene reasons. Similarly with toilet cubicles. They could have traipsed to the basement place at the end of every shift, but if they'd all done that, so would Upton have done.

smallchange · 15/02/2025 08:24

Zebracat · 15/02/2025 00:20

Has anyone else read Jonathan Browns comments on x? He’s an advocate at Faculty of Advocates. Quite clear that Fife have shown themselves massively incompetent by relying on the word of a not legally trained de advisor rather than seeking guidance from NHS Scotlands shit hot legal department. And says so much more. I tried to make a link but it proved beyond me. Worth a read. He clearly thinks Fife have lost.

That thread was very satisfying. Both Whittle and White popped up to rattle their gums and were summarily dismissed.
x.com/Broonjunior/status/1888878603967868952?t=kTMeR3h177ZJfzx39b1iGg&s=19

CheekySnake · 15/02/2025 08:25

JustBitetheKnotsOff · 15/02/2025 08:01

Is it likely that access to DU's phone will be granted, though?

DU comes across as a deeply irritating, self centred individual but is not the one who made the actual decision to suspend a nurse without due procedure, nor the one responsible for the whole mess around policies for single sex vs single 'gender' facilities.

As I understand it, there's a case against Upton personally as well as against NHS Fife, so that could justify it. I hope.

HalfWomanHalfHobnob · 15/02/2025 08:25

AmaryllisNightAndDay · 14/02/2025 23:51

@hild0 and @DontTellMeWhat2Do have you been listening to Tanya de Grunwald's podcast series "This Isn't Working"? She's raised issues that have come up in this case, like how people in DEI roles are often ignorant about employment law. She argues that instead of helping organisations avoid discrimination there's a lot of unsound and badly managed DEI around sex & gender that's getting organisations embroiled in tribunals for discrimination which they lose.

I'm sure she's following this case and I expect her next episode will be sizzling!

Yes, I'm very much looking forward to her commentary - would love to see her speak to an NHS HR Director (or equivalent) about this!

CheekySnake · 15/02/2025 08:26

fanOfBen · 15/02/2025 08:18

NC hammered home the point yesterday that nurses have to change at work - considered unacceptable to travel on a bus in scrubs for example, for hygiene reasons. Similarly with toilet cubicles. They could have traipsed to the basement place at the end of every shift, but if they'd all done that, so would Upton have done.

And he'd have gone whining to KS and had it labelled an avoidance incident.

Igneococcus · 15/02/2025 08:27

following your note in the last thread, I used to read and agree with your posts on The Times as JoMarch, commented regularly myself. Then they took anonymity away and I have an unusual name and now I just like all the pro reality (women are women) comments and I don't post anything.
Good to read you are well but if you are facing stress from TRA that's not great!

Same, used to be a frequent commentator in the Times but I'm the only person in all of the UK with my name, so I stopped. I remember JoMarch very fondly :)

DeanElderberry · 15/02/2025 08:28

I get the impression that Sandie Peggie committed three crimes, one: claiming her legal right to a female-only changing space, two: declining to play 'let's pretend' with a little emperor and the imperial entourage, three: possibly worst, putting making sure the hospital's work was done properly according to protocols.

DU needing to be the centre of everyone's attention was the most important thing for some of those involved.

CarefulN0w · 15/02/2025 08:29

WarriorN · 15/02/2025 07:04

Posted this on the female hcps thread, putting here as I feel it's an important part of the whole case.

The area that's not been mentioned much in association with this case is the care sector, especially for women and children. And especially for disabled women and children. Who suffer the highest rates of sexual abuse.

How can we guarantee single sex provision for our most vulnerable?

If Upton wins this there is no safeguarding in the nhs.

Warrior - that is such an important point. I completely agree. Worryingly, not only are people in the care sector vulnerable, but 1 to 1 care is normal, everyday practice, increasing the risks even more.

I'd also add that careworkers are also vulnerable much of the time. They are usually employed on minimum wages with dreadful conditions & expectations. Few are in a position to challenge this shit.

Stitchmarker · 15/02/2025 08:38

Scottishtizzler · 15/02/2025 08:05

Ii’m not legal, but my board had a two hour seminar on this from the Central Legal Office to HR staff. I suspect they’ve realised there’s a complete lack of knowledge across the NHS as to what the actual law is rather than Stonewall’s interpretation of it. And the NHS Fife case will absolutely have been the catalyst for this given timings.

The advice given by CLO during the seminar was fair and contrary to what NHS Fife have done in this instance.

Thats really interesting- was it very recent?

teawamutu · 15/02/2025 08:39

BecauseRonald · 15/02/2025 08:11

DU really was his worst own enemy during cross examination

He couldn't help but show his true character - sneering, controlling and prevaricating.

Showing deference to men and condescension to women

His obfuscation every time he was asked something he feared was obvious, and it was like a beam for NC to zero in on whatever the issue was. GRC? DU gives a long lecture which means he doesn't have one. What is your sex? Another diatribe which means he knows he's a man

He thought he was being so clever but he was just getting more and more tangled in his lies while JR watched in horror. No wonder she tied to stop him from talking dozens of times.

Apart from that he has seriously damaged the TRA cause in the UK, perhaps irreparably. The extraordinary claims to be a biological woman and that he's happy to ignore female patients' boundaries will forever haunt him

And yet the Reddit threads in r/transgenderuk think he's done brilliantly.

I have been laughing at them - they think he's just a witness, that Peggie could yet be found to be a bully and punished, that Judge Tennion could do the punishing, that he could do NC for misgendering - but the level of self-imposed ignorance is actually chilling. They have access to exactly the same information but won't engage because twansfobiaa.

Scottishtizzler · 15/02/2025 08:42

Stitchmarker · 15/02/2025 08:38

Thats really interesting- was it very recent?

From memory, about 6/7 months ago or so. Undertaken by the Employment team at CLO who are representing NHS Fife in Sandie’s case.

Signalbox · 15/02/2025 08:42

Quick question and sorry if already covered but why are DEI jobs so well paid?

fanOfBen · 15/02/2025 08:43

smallchange · 15/02/2025 08:24

That thread was very satisfying. Both Whittle and White popped up to rattle their gums and were summarily dismissed.
x.com/Broonjunior/status/1888878603967868952?t=kTMeR3h177ZJfzx39b1iGg&s=19

Ah, interesting. I hadn't taken in that there's a difference between changing rooms provided because of an occupational need to change at work, and other ss spaces we might think about (I haven't absorbed exactly what the difference is). I suppose that may be part of why there was all this talk about the basement changing room noone used and how by custom this locker room was used as the changing room. Maybe we should be waiting for Fife to turn round and say "well of course we wouldn't have let Upton into the female changing room, he's a man! Our policy for the locker room is quite different. Oh, people change in the locker room? Well, that's up to them, we didn't know." No sign of that defence yet though and it's a bit late now, given that ED clearly said she was just told he had a right to change in the female changing room.

Scottishtizzler · 15/02/2025 08:44

Signalbox · 15/02/2025 08:42

Quick question and sorry if already covered but why are DEI jobs so well paid?

The salary for the DEI Lead at Fife is low compared to some too! Some are Band 8a - 8b if deemed Principal Lead which would carry a salary of up to £75k.

fanOfBen · 15/02/2025 08:45

Signalbox · 15/02/2025 08:42

Quick question and sorry if already covered but why are DEI jobs so well paid?

To signal that DEI is important

thenosiesttermagant · 15/02/2025 08:45

GrumpyMenopausalWombWielder · 15/02/2025 01:32

I've been scrolling through the TT threads for this as I knew he'd been asked to ensure he didn't delete the 'contemporaneous notes' by NC & found the section covering this:

"NC contemporaneous notes on phone] reads dates
DU I understand. That is what contemporaneous means.
NC Last wrote note on 28/12
NC notes still on your phone. Backed up? May be q imps you don't delete them.
DU Not intending to."

She's definitely after these notes & the metadata but I think she may also be looking for call logs linked to the advice the BMA gave him that he couldn't remember the details of, but which he held back completing his statement for. That helps her then pin down what to ask the BMA for in asking them to disclose their records on his contact & what he asked them for in relation to the incident etc.

The BMA's v swift response felt odd in all of this, and I think NC feels there's something in their involvement that's worth looking at. So my guess is the phone forensic analysis is to cover both the notes and the call logs, and maybe other bits I've missed.

Call logs from the phone provider should be possible to obtain regardless of whether or not the phone gets dropped into the sea.

This should show whether there was ever a call from Upton's phone to an official BMA number, or not.

It's very odd the quick response at a time when their office was closed.

WellIwasaGiraffeonce · 15/02/2025 08:46

How many women have there been like Sandie who have suffered the humility, the indignity, the injustice of suspension, deftly sidelined and ultimately eliminated for holding to truths, not beliefs? Personally I feel the expression of reasonable belief is double-edged, in that it allows a deluded and psychologically impaired men, fuelled by an incestuous and self-affirming TRA community, to "believe" they are females and have the right to do so.

This growing wave of public interest is so warming, as is the many instances of ordinary people vocalising openly their thoughts on the quite-bloody-obvious issue of a smarmy "I have an answer for everything" man, who has happily dug his own grace, using the female changing rooms and intimidating women.

Upton provoked a response, and the response, gladly, was not quite what he expected. Shout outs to everyone on this page, the administrators, @ickky, NC, the Queen (anssuming the rumours are true) and everyone involved. It feels so energising not only for justice to be done, but to be seen to be done.

smallchange · 15/02/2025 08:48

Signalbox · 15/02/2025 08:42

Quick question and sorry if already covered but why are DEI jobs so well paid?

The jobs will have been benchmarked according to Agenda for Change criteria and found to match the requirements for that grade in terms of knowledge, skills, level of responsibility required etc.

In the Fife case, the job holder had to give advice that's ended up with their employer in court. That'll get you a lot of points when they're doing the job matching.

Szygy · 15/02/2025 08:48

smallchange · 15/02/2025 08:24

That thread was very satisfying. Both Whittle and White popped up to rattle their gums and were summarily dismissed.
x.com/Broonjunior/status/1888878603967868952?t=kTMeR3h177ZJfzx39b1iGg&s=19

Oh, did they now? I chanced across it in its early stages, before they'd made an appearance - I'll go back and read the rest, but yes, very interesting indeed.

MrsOvertonsWindow · 15/02/2025 08:50

The Times reporting on the insane salaries paid to NHS DEI leads. The cash strapped NHS who are struggling to provide basic NHS care while rewarding the very people responsible for the Fife case, the women raped on hospital ward by a man claiming to be a woman, the removal of accurate sex based language from health care and all the rest..

https://www.thetimes.com/uk/healthcare/article/nhs-trusts-edi-staff-double-salary-junior-staff-pw2jlngj2

Hadenough1234567 · 15/02/2025 08:51

https://www.scotsman.com/health/hr-worker-says-suspending-nhs-nurse-over-row-with-transgender-doctor-beth-upton-ludicrous-4991957

Another lurker!

Have watched a few days and followed on here.

decent article in the Scotsman which sheds some light on the HR emails.

Hadenough1234567 · 15/02/2025 08:53

https://www.scotsman.com/health/snp-scottish-government-ae-12-hour-waiting-times-4992029

Juxtaposed with an article about needless deaths as a result of A&E waiting times

MrsOvertonsWindow · 15/02/2025 08:55

Archive link for the Times article:

archive.ph/m5mJs

Violetparis · 15/02/2025 08:57

Has anyone on here done NHS England's EDI online training recently ? One of the questions on there was about a transgender colleague accessing toilets and the 'correct' answer was that they were allowed to use the toilet that matched their gender identity. This ideological nonsense is embedded in NHS policy across the UK.

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