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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 #22

1000 replies

nauticant · 22/02/2025 14:11

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 last 2 weeks. However, after 2 weeks it was not complete and it adjourned part-heard. It is planned that it will resume on 16 July and the last day of evidence will be 28 July and then there will be 2 days of submissions from counsel meaning that the hearing will end on 30 July.

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
Thread 19: https://www.mumsnet.com/talk/womens_rights/5274571-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-19
Thread 20: https://www.mumsnet.com/talk/womens_rights/5275782-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-20
Thread 21: https://www.mumsnet.com/talk/womens_rights/5276925-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-21

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11
JustBitetheKnotsOff · 28/02/2025 16:35

Conxis · 28/02/2025 09:40

What makes no sense is if there were no policies in place for changing rooms and transitioning staff what was Isla Bumba basing her advice on? She advised ED that dr Upton could not be excluded from the female changing room. Based on what?
Without following a written policy then IB and ED have acted on their own and can't use the defence of following the policy.
Or is there another secret policy!

She'll have learnt it at school and university.

I had a random hunt through a few school policies, and a lot of them have something like this (not my kids' school but theirs is v similar):

'The use of changing rooms by trans pupils and students will be assessed on a case-by-case basis in discussion with the individual. The goal is to maximise social integration and promote an equal opportunity to participate in physical education and sports, ensuring safety and comfort, and minimising stigmatisation. Trans pupils should have access to the changing room that corresponds to their gender identity. This approach is underpinned by the Equality Act 2010, whereby refusing a child or young person access to the changing room of their chosen gender identity might constitute an act of discrimination.'

Most of us nod along to the policies that we first learnt, rather than asking ourselves whether they are actually correct.

Hoardasurass · 28/02/2025 16:38

0ctavia · 28/02/2025 14:13

I’m assuming it’s what my acquaintance told me this week - it’s the policy of NHS Scotland that as soon a man says the magic words “ I am / identify as a woman / I’m trans / I’m transitioning “ he instantly becomes a woman.

Presumably because he has the protected characteristic of gender reassignment.

Of course this ignores the fact that the women at work also have the Pc of age, sex , religion or belief. And that the E A 2010 doesn’t erase the 1992 Workplace Reg. Or erase the legal requirement to carry out an EIA.

But that’s the law according to Stonewall so it must be right.

Also as per the haldane ruling a man who has the PC of gender reassignment but does NOT have a GRC is still a man and has NO right nor the expectation of the right to use opposite sex facilities even the Scottish government accepted that at the supreme crt

AllAboutTheSex · 28/02/2025 16:44

What I do not understand is how so many people misinterpret the equality act. The inclusion of gender reassignment, as I understand it, means that you cannot be discriminated against for being in the process of gender reassignment.

It does not say anywhere that this means you should be treated as the opposite sex. It means that you cannot be treated differently (in a negative way) to those who are not undergoing gender reassignment. So someone not undergoing gender reassignment is not allowed to use the opposite sex changing rooms either and so it is not discrimination? So claiming the equality act means you have to do this is just plain wrong......

Have I missed something fundamental?

JustBitetheKnotsOff · 28/02/2025 16:46

I just checked the local university policy which is even more categorical than the 'case-by-case basis' for the school one:

'People should be able to use toilet and changing facilities appropriate to their gender identity.'

It also suggests expelling any student found to have 'outed' a transgender person.

It really is inclusion by threats all the way. How is this supposed to encourage any actual acceptance?

prh47bridge · 28/02/2025 16:47

AllAboutTheSex · 28/02/2025 16:44

What I do not understand is how so many people misinterpret the equality act. The inclusion of gender reassignment, as I understand it, means that you cannot be discriminated against for being in the process of gender reassignment.

It does not say anywhere that this means you should be treated as the opposite sex. It means that you cannot be treated differently (in a negative way) to those who are not undergoing gender reassignment. So someone not undergoing gender reassignment is not allowed to use the opposite sex changing rooms either and so it is not discrimination? So claiming the equality act means you have to do this is just plain wrong......

Have I missed something fundamental?

No, you haven't. The courts may disagree, but I believe your interpretation is correct.

Bunpea · 28/02/2025 16:49

prh47bridge · 28/02/2025 16:32

Phillipson is already the Minister for Women and Equalities and has been since the election as well as being Secretary of State for Education. Dodds, as Minister of State for Women and Equalities, was her junior minister in this role - effectively her deputy.

Edited

Ah ok, thanks. Says a lot for her visibility in the role, that i was unaware. I think she needs to be replaced.

Bunpea · 28/02/2025 17:04

Bunpea · 28/02/2025 16:49

Ah ok, thanks. Says a lot for her visibility in the role, that i was unaware. I think she needs to be replaced.

Actually, with all the trans activity in schools, and the negative impacts on girls and women, it’s really surprising that she has the role for women’s minister. She has thrown us and our daughters to the wolves.

PrettyDamnCosmic · 28/02/2025 17:28

@0ctavia

It will be the same for Dr Kate Searle. She can’t argue that SP was a risk to patients at the same time as asking her to work different shifts in a different hospital. “being under supervision “ doesn’t mean that someone follows you into every cubicle watching what you do.

NHS management is very stovepiped. Doctors don't manage or discipline nurses & vice versa. Dr Searle will have had no say in asking SP to work in a different hospital. That will have been a decision of the nursing management.

NebulousDogBollocking · 28/02/2025 17:30

INeedAPensieve · 28/02/2025 14:54

I know this isn't the point of that article but ugh is Alan Cumming friends with Nicola sturgeon? I thought he was better than that.

Disappointing.

Anyway, let's hope more sunlight continues to shine for Sandie.

Yes, there was a film of the pair of them at Pitlochry on Twitter.

I used to quite like him but every time I see him now I lose another bit of respect, in increasingly larger chunks each time.

Itsnotwhatitseemslike · 28/02/2025 17:42

At the risk of sounding like an intellectual snob, the entrance requirements for Dundee are much lower than eg Glasgow … or at least they were when I (ancient) was choosing where to go (and she ducks…!)

Chrysanthemum5 · 28/02/2025 17:49

Or a while (don't know if it is still the case) Dundee offered contextualised admissions if you were trans or non binary.

OhBuggerandArse · 28/02/2025 17:52

Chrysanthemum5 · 28/02/2025 17:49

Or a while (don't know if it is still the case) Dundee offered contextualised admissions if you were trans or non binary.

I remember that. No proof required, obviously.

Chrysanthemum5 · 28/02/2025 17:52

Ah I've just checked and they no longer offer that

Chrysanthemum5 · 28/02/2025 17:53

Obviously @OhBuggerandArse I do hope you're not implying it's all a sham and something people might do to get an advantage 😜

AlisonDonut · 28/02/2025 18:14

AllAboutTheSex · 28/02/2025 16:44

What I do not understand is how so many people misinterpret the equality act. The inclusion of gender reassignment, as I understand it, means that you cannot be discriminated against for being in the process of gender reassignment.

It does not say anywhere that this means you should be treated as the opposite sex. It means that you cannot be treated differently (in a negative way) to those who are not undergoing gender reassignment. So someone not undergoing gender reassignment is not allowed to use the opposite sex changing rooms either and so it is not discrimination? So claiming the equality act means you have to do this is just plain wrong......

Have I missed something fundamental?

I believe that activists convinced judges otherwise. It is all part of the queering of everything.

stickygotstuck · 28/02/2025 18:39

Chrysanthemum5 · 28/02/2025 17:49

Or a while (don't know if it is still the case) Dundee offered contextualised admissions if you were trans or non binary.

I'm sorry, what??!

Vegemiteandhoneyontoast · 28/02/2025 18:40

stickygotstuck · 28/02/2025 18:39

I'm sorry, what??!

My thoughts exactly. What on earth does it mean?

OhBuggerandArse · 28/02/2025 18:41

stickygotstuck · 28/02/2025 18:39

I'm sorry, what??!

In 2023 they did, if you follow the link through from this thread discussion it it seems they no longer do. https://www.mumsnet.com/talk/scotsnet/4732934-dundee-university-gives-contextual-offers-to-transgender-pupils (so someone, somewhere, must have wised up).

Itsnotwhatitseemslike · 28/02/2025 18:44

This reply has been withdrawn

This message has been withdrawn at the poster's request

Itsnotwhatitseemslike · 28/02/2025 18:48

OuterSpaceCadet · 28/02/2025 09:33

This is true.

It's unfair to blame other women when it's men who abuse, but I'm fed up with seeing so many privileged women in positions of influence who feel able to consent on behalf of other women. Often doing so whilst claiming to represent other women by heading charities or working in equalities!

Agree about privileged, senior women. They are safe in the knowledge they won’t be the lone woman worker forced to use the toilets in the portakabin at the far end of the back car park or the changing room at the bottom of that far corridor who won’t even be allowed to talk about the “new girl” who always seems to arrive behind her in the toilet when she’s there on a late shift…

Itsnotwhatitseemslike · 28/02/2025 18:53

0ctavia · 28/02/2025 15:41

If such a policy / guideline / instruction can be found in written document anywhere in NHS Fife ( or NH Scotland ) then it will allow everyone in management to say

“ I was only folllowing policy / doing what I was told by my line manager. IANAL it’s my job to implement board policy not question it . “

And I suspect they are right. If a clinician is told to do something by a manager that they believe will adversely affect the welfare of a patient ( and interferes with their clinical judgement ) , they have a duty to report it ( eg treat that man before you treat that woman, don’t give that patient x treatment ).

I don’t think non clinical staff have a professional duty to report it/ disagree with board policy if it adversely affects some groups of staff .

And of course , the underlying implication here from the HB is that it didn’t affect all women ( which would include DU) , just this one difficult, trump supporting ,stroppy , transphobic, working class , middle aged woman who would not just STFU and do as she was told.

No wonder they are desperately trying to find evidence that she put patients at risk . Maybe the dog ate it ? Or the emails got deleted by mistake? Or the file got corrupted?

If DU suddenly finds it on his phone / down the sofa, he has acted in a way that will put him before Fitness to Practise, as he’s sat on it for more than a year. It should have been reported immediately.

It will be the same for Dr Kate Searle. She can’t argue that SP was a risk to patients at the same time as asking her to work different shifts in a different hospital. “being under supervision “ doesn’t mean that someone follows you into every cubicle watching what you do.

Yes. It’s clear that what they really meant was “a danger to Beth”

Itsnotwhatitseemslike · 28/02/2025 18:57

PrettyDamnCosmic · 28/02/2025 17:28

@0ctavia

It will be the same for Dr Kate Searle. She can’t argue that SP was a risk to patients at the same time as asking her to work different shifts in a different hospital. “being under supervision “ doesn’t mean that someone follows you into every cubicle watching what you do.

NHS management is very stovepiped. Doctors don't manage or discipline nurses & vice versa. Dr Searle will have had no say in asking SP to work in a different hospital. That will have been a decision of the nursing management.

I actually had the sense that ED was secretly quite protective of Sandie, but felt unable to be honest bc of the pro-trans culture of fear.

Chrysanthemum5 · 28/02/2025 18:59

@stickygotstuck @Vegemiteandhoneyontoast contextualised offers take account of circumstances which may have prevented you performing as well as others in your exams. They are usually for applicants from schools which don't usually send students to university, or those from deprived areas, young carers etc. So to see them used for chancers who say they are non binary or trans was a real insult to the applicants who have succeeded despite real hardship

KnottyAuty · 28/02/2025 19:21

Chrysanthemum5 · 28/02/2025 17:52

Ah I've just checked and they no longer offer that

I bet they don’t!
I can just imagine how that cohort fared 🤣

DontTellMeWhat2Do · 28/02/2025 19:22

Alan Cumming and David Tennant are examples of where the acting is great but the real person is an utter cunt. Doesn't mean you can't still enjoy a film or show they star in. I love Mr Gold in the Good Wife.

Same as the new HP series. Some stupid newspaper bint says she wont like any actor who stars in the new series. She can watch it even if she doesn't like JKR. I don't support scientology but I watch films with Tom Cruise in them.

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