NHS Fife tries to silence nurse - Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton - thread #39

[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 resumed 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 were 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 and tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-bd6. 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.net/tribunaltweets or nitter.poast.org/tribunaltweets

Links to previous threads #1 to #29 can be found in the header of thread #30.

Thread 30: mumsnet.com/talk/womens_rights/5375337-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-30
Thread 31: mumsnet.com/talk/womens_rights/5375819-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-31
Thread 32: mumsnet.com/talk/womens_rights/5376072-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-32
Thread 33: mumsnet.com/talk/womens_rights/5376608-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-33
Thread 34: mumsnet.com/talk/womens_rights/5377387-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-34
Thread 35: mumsnet.com/talk/womens_rights/5377598-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-35
Thread 36 mumsnet.com/talk/womens_rights/5378031-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-36
Thread 37: mumsnet.com/talk/womens_rights/5378200-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-37
Thread 38: https://www.mumsnet.com/talk/womens_rights/5378463-nhs-fife-tries-to-silence-nurse-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-thread-38

Would it be possible for people to turn their attention to this post by@FayeRCfrom a previous thread:

I have a similar court case in England's side which aims to protect single-sex facilities for women. It is in need of support to cover legal fees and can be found by searching for Faye Russell-Caldicott on crowdjustice.com

"I have issued an employment tribunal complaint against NHS England for indirect discrimination on the basis of sex (women), religion (Islam), philosophical belief (gender critical) and disability (PTSD) for having a policy in place which effectively renders the supposed single-sex toilet, changing room and showering facilities as mixed-sex."

There's more information here: https://sex-matters.org/case-briefings/faye-russell-caldicott-v-nhs-england/

So is KS saying Sandie is a racist and the reason there has been absolutely no evidence of this is because she is protecting the victim from Sandie?

That honestly makes no sense.

Witnesses in the hearing so far with skeleton chronology:

Monday, 3 February 2025
Sandie Peggie

Tuesday, 4 February 2025
Sandie Peggie

Wedneday, 5 February 2025
Sandie Peggie
Maya Forstater
Mr Peggie (Sandie Peggie's husband)
Nicole Peggie (Sandie Peggie's daughter)

Thursday, 6 February 2025
a row about disclosure particularly over BMA documents
Sheila Bell (Sandie Peggie's mum)
Beth Upton

Friday, 7 February 2025
very late start, massive row over disclosure, agreed that Beth Upton would start giving evidence on Monday

Monday 10 February 2025
Beth Upton

Tuesday 11 February 2025
Beth Upton
collapse of public access

Wednesday 12 February 2025
Beth Upton

Thursday 13 February 2025
Esther Davidson

Friday 14 February 2025
Esther Davidson

a break of many months

Wednesday 16 July 2025
Isla Bumba

Thursday 17 July 2025
Gillian Malone

Friday 18 July 2025
Elspeth Pitt
Louise Curran
the omnishambles ending provided by the statement from NHS Fife

Monday 21 July 2025
a late start seemingly with the panel and lawyers in discussions about something
Lottie Myles

Tuesday 22 July 2025
another late start seemingly with the panel and lawyers in discussions about something
Kate Searle

Wednesday 23 July 2035
another late start seemingly with the panel and lawyers in discussions about something
Lauren Harris
Kate Searle

This is a list of Abbreviations used by Tribunal Tweets and has been taken from their substack

Claimant, respondents, counsel, members of the court

C/SP - Claimant, Sandy Peggie
NC - Naomi Cunningham, C’s barrister
MG - Margaret Gribbons, C’s solicitor
R/Board - first respondent, Fife Health Board
R2/DU - second respondent, Dr B Upton
Rs – first and second respondents
JR - Jane Russell, KC, barrister for respondents
AW - Adam Watson, solicitor for respondents
J - Employment Judge Alexander Kemp
ET - Employment Tribunal
P1, P2 - additional panel members; CM Russell, L Brown

Witnesses/Frequently Referenced Personnel of NHS Fife

MF - Maya Forstater, CEO of Sex Matters
DP - Darren Peggie, Claimant's husband
NP - Nicole Peggie, Claimant's daughter
SB - Sheila Bell, Claimant's mother
ED - Esther Davidson, SP’s line manager
IB – Isla Bumba, NHS Fife Equality and Diversity Lead Officer
KS - Kate Searle, A&E consultant
SF - Stuart Fraser, SP’s RCN Rep
AG - Angela Glancy, headed up in SP investigation
VV – Vic Valentine, Equality Network

Abbreviations for frequently used terms (not exhaustive)

AE - Accident & emergency department
B&H - bullying and harassment
CR - changing room
CX – complaint
DX - disciplinary procedure or process
FtP - fitness to practice
GC /SR: gender critical or sex realists. Belief that biological sex is important, immutable and different from gender identity
GI – Gender identity is a person's internal sense of their own gender, which may or may not align with their birth sex.
HI - hate incident
HR - Human Rights
IX - investigation
PCP - provision, criteria or practice is a rule, policy, or practice that can put people at a disadvantage based on certain characteristics. The term is used in employment law to assess whether an employer's actions create different outcomes for employees based on their characteristics.
SocMed - social media
SM - Sex Matters
TM – transman (person born female who claims a male gender identity)
TMAM - transmen are men
TW – Transwoman (person born male who claims a female gender identity)
TWAW - transwomen are women
OfS - Once for Scotland
EA - Equality Act 2010
PC - protected characteristic; 9 under EA
RA - risk assessment

Update

KS: Waaaaahhhhh waaahhhhh

Who is Rhianna???

FFS

I can just see the BBC headlines "meany lawyer makes witness cry" or thereabouts

I’ve noticed they often try to make out people who are ‘transphobic’ as also racist. To try to attach it to something legitimate.

NC - man. He's insisted he's entitled to be there, focus on that.
JR - unfair premise, DU is not a man, a she's a TW
NC - ..
J - there was an objection
NC - DU is a TW and so DU is a man. Legally speaking in FWS EQA he's a man JR - FWS not agreed
J - we need to hear submission

Here we go.

I'm trying to get my head around KS's testimony. SP has been a nurse for 30 years, no issues. And now suddenly mixed race colleagues are afraid to work with her (because coincidentally she has objected to a man using the female changing room).

Sorry, still trying to get my head around this.

But we know Rhianna, or whoever it is, was interviewed as part of the internal investigation which concluded no wrongdoing by SP, so what on earth is going on?

From TT:

NC - man. He's insisted he's entitled to be there, focus on that.
JR - unfair premise, DU is not a man, a she's a TW
NC - .. J - there was an objection NC - DU is a TW and so DU is a man. Legally speaking in FWS EQA he's a man
JR - FWS not agreed
J - we need to hear submissions

What does JR mean, not agreed? It was a Supreme Court ruling. It clarified the EA2010 that man = biological man.

I'm just going WOW at the screen right now

J - put it differently
NC - a woman found a trans ID man in F CR, she said he shouldn't be there, he said he's entitled to. That in your view is enough to be harassment and a HI.
KS - not those 9 lines no
NC - she was in her rights to object
KS - not in that manner DU described

Might be wrong, because from TT and a bit confused, but does this bit:

KS - no, beth, only knew of incident on 29th dec, not specifics of support worker name... don't recall

imply that DU didn't actually know Rhianna's name?

rebmacesrevda · Today 14:30
I'm fascinated by the ways she self-describes: honest, kind...

What was it she said yesterday? Refuting a point that was made to her with something along the lines of 'I'm a doctor therefore I'm honest'?

SP should have been kind. Yeah right, just means she should have put up and shut up.

'Be kind'!

Here comes Pete

Pete!!

Pete is here

My take is that KS is trying to throw everything at the wall in the hope it will stick. Whether this is to protect DU or because she's very belatedly realised she's in deep doo doo herself I couldn't say.

Oh KS getting we should all #bekind in.

And Pete the Plumber is back