NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #27

[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 February 2025 and was expected to last 2 weeks. However, after 2 weeks it was not complete and it adjourned part-heard. 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] by 5pm on Wednesday 9 July. Detailed instructions wereFri provided here:

drive.google.com/file/d/16-9POEZ7yHWUr6EmbfquJZO18Gv78bSm/view

The hearing is being live tweeted by x.com/tribunaltweets and there's additional information here: tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-005. 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.ph/WSSjg.

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

Thread 1: www.mumsnet.com/talk/womens_rights/5186317-nhs-fife-tries-to-silence-nurse
Thread 2: www.mumsnet.com/talk/womens_rights/5267591-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-thread-2
Thread 3: 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: 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
Thread 6: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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
Thread 22: www.mumsnet.com/talk/womens_rights/5280174-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-22
Thread 23: www.mumsnet.com/talk/womens_rights/5285690-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-23
Thread 24: www.mumsnet.com/talk/womens_rights/5301295-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-24
Thread 25: www.mumsnet.com/talk/womens_rights/5318518-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-25
Thread 26: www.mumsnet.com/talk/womens_rights/5335861-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-26

Just unbelievable!

I wonder if Fife have instructed some better different solicitors. Quite the about-turn there.

And "It’s hard to see how Jane Russell KC can continue to argue that Sandie Peggie harassed Dr Upton and endangered patient safety when one of her clients has now determined this didn’t happen."
https://x.com/michaelpforan/status/1945383192317276615

I imagine that would entail Sandie having to make a grievance against him. Then again, was it him who made.all the allegations? Serious allegations that may have ended her career, and are revealed to have been spurious? Arguably that in itself amounts to harassment, bullying, misconduct.

Is this NHS Fife chucking Upton under the bus to try and save themselves?

Beth's little smirk will be tighter than usual.

Bets that what will actually happen is that the tribunal will resume, then JR will ask for an adjournment to take instruction on the latest developments? It may depend on how much notice she had, I suppose - presumably she's known about it longer than we have, and you might think it would have been at least considered as a possibility, but???

I think they’d chuck anyone under a bus to save themselves, including the DEI officer. They really are astonishingly incompetent and revolting.

Just realised I’ve been sent the email for access as observer, was in junk emails. I applied on evening of 8th July and had thought I’d applied too late.

"This last reiterates the tension between NHS Fife and Dr Upton. It’s probably still in Dr Upton’s best interests to argue that Sandie Peggie engaged in harassment and endangered patients safety. It’s very hard to see how that’s still in NHS Fife’s best interests."
https://x.com/michaelpforan/status/1945383816731758864

Haikus following this morning's declaration

Upton, you liar!
Fife has had to admit it.
Get it right up you!

Nail him to the wall,
He tried to get you fired
Ach, nae luck to him!

Upton was only ever taking advantage of NHS Fife's own ridiculous failings and abject pandering.

Yes this!
were the misconduct allegations made up then like we suspected

He was such a fool to make those allegations. Jaw dropping at the time.

Hark! What is that strange sound I hear? Is it the sound of legal foundations crumbling or the rending of garments at NHS Fife HQ?

Yes but a lot of people colluded with him and supported him.

I hope the role of his professional body and what advice they gave him comes to light

'A nurse at the centre of a high-profile tribunal case has been cleared of all internal disciplinary charges, including allegations of patient care failures and claims she had misgendered Dr Beth Upton, a trans woman doctor, in a changing room in the Victoria Hospital in Kirkcaldy.

In a statement, Ms Peggie's solicitor, Margaret Gribbon, said: “On Tuesday, 14th July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld.

“This follows a disciplinary hearing on 25th June, which considered four gross misconduct allegations: two relating to patient care failures, one of ‘misgendering’ Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023.

“Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations."'

So there we have it, clear as day. NHS Fife considered 'misgendering' (AKA correctly sexing) someone as 'gross misconduct'. I hope this authoritarian shit is pounced on and killed during the tribunal.

So all the allegations he made have been found to be untrue.

So NHS Fife have crumbled, can't wait to see what Dr Upton's response is.

Why would they announce this the evening before the tribunal?

Why not at least a few days before?

maybe as seems likely NHS will offer no further witness, and accept liability

Great news and the right result but the cynic in me says releasing this the night before the ET resumes is to try and get a settlement and if not reduce damages.

I thought their statement yesterday was interesting as it implied Sandie refused to settle so Sandie is responsible for Fife’s costs which are paid by the tax payers.

Clearly someone at Fife has taken a sensible pill or maybe they started to listen to HR. HR are often derided but in the Jo Phoenix ET the HR Advisor witness (not the HR Director) was the only one who acted properly.

Annoyingly, I have all day meetings. Looking forward to catching up at lunchtime and tonight.

Wow! Cleared under the investigation of the accusation of endangering patients.

People need to be disciplined for this, and all facts should be out in the open. False allegations that threatened to end her career, damaged her working relationships & threatened to alter the working arrangements that facilitated her caring for family, impacted on her earnings savings and pension, not even to mention the impact on her in terms of stress and pressure and the need to defend herself with an employment tribunal.
If I was Sandie Peggie would want every bit of this exposed to public scrutiny and every wriggling bad faith actor pulled out into the light, both as vindication and as a public service. Upton should be held accountable and disciplined for this, along with all the other individuals who supported his charade, chicanery and manipulation. The lack of honesty and probity should have him struck off the medical register.

for the DRAMA! Or because they had had to thrash out a new legal strategy in the wake of it and didn't want to give the other side time to adjust theirs?

But I want to see Kate "a hate crime has been committed in the changing rooms" Searle in the stand